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CITY OF PHOENIX v. POPKIN

No. 7797.

93 Ariz. 14 (1963)

378 P.2d 242

The CITY OF PHOENIX, a municipal corporation, Samuel Mardian, Jr., as Mayor, William T. Garland, Jay Hyde, Mrs. Edna McEwen, Dr. Ray Pisano, Ross D. Blakley, as members of and composing and comprising the Council of the City of Phoenix, Stanton S. von Grabill, as City Clerk, Henry R. Kiel, Individually and as Editor and Publisher of the Arizona Weekly Gazette, a newspaper of general circulation and a newspaper published by Phoenix Newspapers, Inc., an Arizona corporation, Appellants, v. Sidney POPKIN, Albert E. Kluender, Blakely Oil, Inc., an Arizona corporation, and Phoenix Fuel Co., Inc., an Arizona corporation, Appellees, James R. Hart, Intervenor-Appellee,

Supreme Court of Arizona, En Banc.

January 24, 1963.

Attorney(s) appearing for the Case

Merle L. Hanson, City Atty., Dow Ben Roush, Sp. Counsel, Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, by John P. Frank, Phoenix, of counsel, for appellants.

George Frederick Randolph, Phoenix, for appellees.

Ryley, Carlock & Ralston, by Joseph P. Ralston, Phoenix, for intervenor appellee James R. Hart.

UDALL, Vice Chief Justice.

Appellants, the City of Phoenix and other formal parties, were defendants in a suit to enjoin publication of a tax ordinance, Ordinance G-485. Appellees are taxpayers who would be adversely affected by the ordinance. Appellants and appellees both moved for judgment on the pleadings, and judgment was entered for appellees enjoining the publication of the ordinance. It is from that judgment that the city appeals.

The ordinance requires...

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