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ANSERV INS. SERVICES, INC. v. ALBRECHT

No. CV-97-0015-PR.

960 P.2d 1159 (1998)

192 Ariz. 48

ANSERV INSURANCE SERVICES, INC., a California corporation; U.S. Intermediaries, Inc., a California corporation; Avenida De Santa Ynez, a California corporation; W. Brian Hames and Rebecca Hames, husband and wife; Earl Nelson and Lynn Nelson, husband and wife, Petitioners v. Hon. Rebecca A. ALBRECHT, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent Judge, John C. KING, Receiver of American Bonding Company, and Michael J. Fitzgibbons, Special Deputy Receiver of American Bonding Company, an Arizona insurer, in receivership, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

As Corrected July 7 and July 31, 1998.

Attorney(s) appearing for the Case

William W. Drury, Jr. and Cynthia L. Fulton, Renaud Cook & Drury PA, Phoenix, Davide Golia, Andrew L. Birnbaum, and Theodore S. Drear, Marks & Golia, San Diego, CA, Andrew S. Gordon, Coppersmith & Gordon PLC, Phoenix, E. Bradley Nelson, Hagler & Nelson, Vacaville, CA, for Petitioners.

Joyce N. Van Cott and Martin A. Tetreault, Glover & Van Cott PA, Phoenix, for Real Parties in Interest.

OPINION

ZLAKET, Chief Justice.

¶ 1 Petitioners ask this court to strike the complaint filed by the Real Parties in Interest (hereinafter referred to as "Respondents"), contending that it does not contain a short and plain statement of the case as required by Rule 8(a) of the Arizona Rules of Civil Procedure.

¶ 2 Respondents, on the other hand, insist that the pleading is a short and plain statement of this case. They urge us to consider...

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