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GOSNELL v. CITY OF PHOENIX

No. 14674.

126 Ariz. 121 (1980)

613 P.2d 281

Robert E. GOSNELL and Gosnell Corporation, an Arizona Corporation, Appellees, v. CITY OF PHOENIX, a Municipal Corporation; and Paul Wenner, Acting City Tax Collector of the City of Phoenix, a Municipal Corporation, Appellants.

Supreme Court of Arizona, En Banc.

Rehearing Denied July 1, 1980.

Attorney(s) appearing for the Case

Andy Baumert, City Atty. by Philip M. Haggerty, Asst. City Atty., Phoenix, for appellants.

Lewis & Roca by Charles Crehore, Paul G. Ulrich and Judith E. Sirkis, Phoenix, for appellees.

HAYS, Justice.

This appeal arises out of a summary judgment granted in favor of plaintiff-appellee, Robert E. Gosnell. Taking jurisdiction pursuant to 17A A.R.S. Civil Appellate Proc. Rules, rule 19(e), we reverse.

Appellee is the owner of certain real property located within the city of Phoenix. The realty was leased to various tenants from January 1974 to December 1976, and a Privilege License tax was paid upon...

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