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AUSTIN v. CAMPBELL

No. 6691.

91 Ariz. 195 (1962)

370 P.2d 769

Carl AUSTIN et al., Appellants, v. David H. CAMPBELL, Appellee.

Supreme Court of Arizona. En Banc.

April 11, 1962.

Attorney(s) appearing for the Case

Robert Morrison, a former Atty. Gen., Wade Church, former Atty. Gen., and Leslie C. Hardy, his Chief Asst. Atty. Gen., Robert W. Pickrell, present Atty. Gen., for appellant Jewel W. Jordan, State Auditor, State of Arizona.

C.A. Muecke and Martin F. Keil, Phoenix, for appellants Carl Austin, C.J. Carreon, William J. Harkness, Neales Kennedy, Patrick W. O'Reilly, Robert A. Petrie, Del Rogers a.k.a. Delbert Delfino, Harry Ruppelius and Robert E. Wilson.

Stephen S. Gorey, Phoenix, for appellant Norman Lee.

W.L. Farringer, Phoenix, for appellant William Younger Wood.

Stockton & Aldrich, Phoenix, for appellant J.P. Stump.

William H. Rehnquist, Phoenix, for appellee David H. Campbell.

UDALL, Vice Chief Justice.

This is a taxpayer's action to recover for the State of Arizona certain expense reimbursements audited, paid out and received pursuant to a statute later held unconstitutional by this court in Giss v. Jordan, 82 Ariz. 152, 309 P.2d 779 (1957). From a summary judgment for plaintiff Campbell, defendants Jewel W. Jordan, auditor for the State of Arizona, and thirteen members...

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