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CITY OF PHOENIX v. ARIZONA SASH, DOOR & GLASS CO.

No. 5963.

80 Ariz. 100 (1956)

293 P.2d 438

CITY OF PHOENIX, a municipal corporation, Horen Foster, Mayor, Frank G. Murphy, Margaret B. Kober, J.R. Williams, C.N. Walters, John F. Sullivan and Allen L. Rosenberg, Members of and Constituting the Council of the City of Phoenix, and B.W. Bear, Tax Collector of the City of Phoenix, Appellants, v. ARIZONA SASH, DOOR & GLASS COMPANY, a corporation, Appellee.

Supreme Court of Arizona.

February 7, 1956.

Attorney(s) appearing for the Case

William C. Eliot, City Atty., George T. Fike, Fred F. Bockmon, James F. Haythornewhite, Asst. City Attys., Phoenix, for appellants.

Ryley, Carlock & Ralston, Lewis, Roca, Scoville & Beauchamp, Phoenix, for appellee. Jennings, Strouss, Salmon & Trask, Cunningham, Carson, Messinger & Carson, McKesson & Renaud, James E. Flynn, Samuel C. Jefferies, Phoenix, of counsel.

PHELPS, Justice.

This is an appeal from an order granting a motion for summary judgment in favor of plaintiffs below in an action brought to recover taxes paid under protest. On March 31, 1949, the City of Phoenix enacted ordinance No. 5121 assessing a privilege tax upon all persons doing business in the City of Phoenix. This tax was imposed upon the gross business done or the gross proceeds of the business and was graduated from 1/16 to

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