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AMERICAN CREDIT BUR. v. PIMA CTY.

No. 2 CA-CIV 3069.

122 Ariz. 545 (1979)

596 P.2d 380

AMERICAN CREDIT BUREAU, an Arizona Corporation, Doctors Business Bureau, an Arizona Corporation, Lusk Collection Agency, Inc., an Arizona Corporation, and each and every person, partnership, unincorporated association and corporation similarly situated, Plaintiffs/Appellees, v. PIMA COUNTY, Arizona, a body politic, E.S. "Bud" Walker, in his capacity as Chairman of the Pima County Board of Supervisors, Members of the Pima County Board of Supervisors, Sheriff of Pima County, Arizona, Constable of Tucson Justice Court, Precinct One, Constable of Tucson Justice Court, Precinct Two, Constable of Tucson Justice Court, Precinct Three, Constable of Tucson Justice Court, Precinct Four, and Constable of Tucson Justice Court, Precinct Five, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 9, 1979.

Review Denied May 30, 1979.

Attorney(s) appearing for the Case

Schorr, Leonard & Felker, P.C. by John F. Battaile III and Rochelle E. Abell, Tucson, for plaintiffs/appellees.

Stephen D. Neely, Pima County Atty. by John R. Neubauer and G. Lawrence Schubart, Deputy County Attys., Tucson, for defendants/appellants.

OPINION

HATHAWAY, Judge.

On July 7, 1971, appellees, three collection agencies, brought this class action. They sought a declaration that A.R.S. § 11-445 does not allow the sheriff or constables to charge mileage fees in unsuccessful attempts to serve civil process,1 an injunction permanently restraining and enjoining appellants from making such charges, attorney's fees and an accounting for and refund of fees thus levied...

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