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ZURAVSKY v. ASTA

No. 2 CA-CIV 2320.

116 Ariz. 473 (1977)

569 P.2d 1371

Jerome A. ZURAVSKY, Wallace W. McWhirter, M.D., and Charles W. Lennon, on behalf of Pima County, Arizona, Appellants, v. Ron ASTA, James Murphy, Jr., E.S. "Bud" Walker, Conrad F. Joyner, Joseph A. Castillo and Sam Lena, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 30, 1977.

Review Denied September 27, 1977.

Attorney(s) appearing for the Case

Ronald W. Sommer, David T. Hardy, Tucson, for appellants.

Stephen D. Neely, Pima County Atty., by Rose S. Silver, Sp. Chief Deputy County Atty., and Howard L. Baldwin, Albin R. Krietz and Ronald M. Lehman, Deputy County Attys., Tucson, for appellees.

OPINION

RICHMOND, Judge.

This is an appeal from a summary judgment against Pima County taxpayers who sued to enjoin members of the Board of Supervisors from spending public funds for nontherapeutic abortions and to recover sums spent for such procedures, together with interest and statutory penalty.1

The question thus presented is whether a county board of supervisors may legally spend tax dollars for elective abortions...

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