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BROUSSEAU v. FITZGERALD

No. 17052.

138 Ariz. 453 (1984)

675 P.2d 713

Georgia BROUSSEAU, Horace F. Liston, et al., Plaintiffs/Appellants, v. John P. (Jack) FITZGERALD, Defendant/Appellee/Real Party in Interest, and The City of Tucson, a body politic, Defendant/Appellee.

Supreme Court of Arizona, In Division.

January 5, 1984.

Attorney(s) appearing for the Case

Alpert & Fein by James A. Fein, Tucson, for plaintiffs/appellants.

Robert Royal, Tucson, for defendant/appellee/real party in interest Fitzgerald.

Frederick S. Dean, Tucson City Atty. by Bradford C. Detrick, Tucson, for defendant/appellee City of Tucson.

HOLOHAN, Chief Justice.

The appellants challenged the legal sufficiency of the nominating petitions filed by appellee John P. (Jack) Fitzgerald for the Democratic primary election for the office of Mayor of the City of Tucson. The superior court denied the challenge, and appellants filed an appeal pursuant to A.R.S. § 16-351(A). After hearing oral argument, this court issued an order reversing the judgment and enjoining the defendant City of Tucson from placing...

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