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CITY OF TUCSON v. JACOBSON

No. 12582.

113 Ariz. 534 (1976)

558 P.2d 686

CITY OF TUCSON, a body politic, Lewis C. Murphy, the Mayor of the City of Tucson, Donald L. DeMent, City Clerk of the City of Tucson, Ruben Romero, Richard J. Kennedy, Robert C. Cauthorn, Emmett McLoughlin, Rudy A. Castro and Barbara L. Weymann, Members of the City Council of the City of Tucson, Appellants, v. Joe JACOBSON, Appellee.

Supreme Court of Arizona, In Banc.

November 29, 1976.

Attorney(s) appearing for the Case

James D. Webb, City Atty. by Thomas J. Wilson, Asst. City Atty., Tucson, for appellants.

Johnson, Hayes & Dowdall, Ltd. by Richard J. Dowdall, Tucson, for appellee.

HOLOHAN, Justice.

The City of Tucson, its council, and mayor have appealed the judgment of the superior court setting aside certain resolutions of the council and ordering that appellee Joe Jacobson be allowed to assume the office of city magistrate of Tucson. We assume jurisdiction pursuant to 17A A.R.S. Rule 47(e)(5), Rules of the Supreme Court.

The facts are not in dispute. On April 26, 1975 City Magistrate William Brashears advised the city council that...

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