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BURTON v. CITY OF TUCSON

Nos. 6983, 6986.

88 Ariz. 320 (1960)

356 P.2d 413

Marvin L. BURTON, on behalf of himself and all others similarly situated, Appellant, v. CITY OF TUCSON, a municipal corporation, and Don Hummel, Mayor, C.E. Branin, a Councilman, James Kirk, Councilman, F.T. Gibbings, Councilman, Ray Weaver, Councilman, Warren Walker, Councilman, and William Wisdon, Councilman, Appellees. Willard J. SMITH, on behalf of himself and all others similarly situated, Appellant, v. CITY OF TUCSON, a municipal corporation, Appellee.

Supreme Court of Arizona.

October 19, 1960.

Attorney(s) appearing for the Case

Wolfe, Greer & Knez, Tucson, for appellants.

Jack G. Marks, City Atty., Thomas J. Tormey and Sidney L. Kain, Asst. City Attys., Tucson, for appellees.

LESHER, Justice.

These are consolidated appeals from judgments entered in the trial court on orders dismissing appellants' complaints for failure to state a claim on which relief could be granted. The facts are sufficiently similar in the two cases to permit them to be treated together. The legal problems presented are identical.

Appellants are residents of areas which, prior to March, 1959, lay adjacent to but were not parts of the City of Tucson. In February...

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