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FRY'S FOOD STORES OF ARIZ. v. CBM OF ARIZONA

No. Civ-85-943-TUC-RMB.

636 F.Supp. 168 (1986)

FRY'S FOOD STORES OF ARIZONA, INC., a corporation, Plaintiff, v. CBM OF ARIZONA, INC., dba Collection Consultants, Inc., Defendant. Larry and Carmen VALENZUELA, husband and wife, Plaintiffs, v. CBM OF ARIZONA, INC., dba Collection Consultants, Inc., Defendant.

United States District Court, D. Arizona, Tucson Division.

April 29, 1986.

Attorney(s) appearing for the Case

Nathan R. Niemuth, Linda L. Hudson, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for Fry's Food Stores of Arizona, Inc.

William E. Morris, Southern Arizona Legal Aid, Inc., Tucson, Ariz., for Larry and Carmen Valenzuela.

Terry W. Aron, Law Offices of Terry W. Aron, P.C., Tucson, Ariz., for CBM of Arizona, Inc.

ORDER

BILBY, Chief Judge.

This is a consolidation of two declaratory actions challenging the constitutionality of Arizona's Supplemental Proceedings statute, A.R.S. § 12-1631 et seq.

BACKGROUND

In April, 1985, certain aspects of Arizona's post-judgment garnishment statute, A.R.S. § 12-1571 et seq., were found to be unconstitutional. Neeley v. Century Finance Co. of...

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