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ARIZ. PUB. SERV. CO. v. CITY OF PHOENIX

No. 2 CA-CIV 5561.

149 Ariz. 61 (1986)

716 P.2d 430

ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Plaintiff/Appellee, Cross-Appellant, v. CITY OF PHOENIX, a municipal corporation of the State of Arizona, Defendant/Appellant, Cross-Appellee.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied March 10, 1986.

Attorney(s) appearing for the Case

Snell & Wilmer by Edward Jacobson, and Stephen C. Newmark, Phoenix, for plaintiff/appellee, cross-appellant.

Andy Baumert, City Atty. by Philip M. Haggerty, Phoenix, for defendant/appellant, cross-appellee.

OPINION

LACAGNINA, Judge.

Both the City of Phoenix (City) and Arizona Public Service (APS) appeal the trial court's review of an administrative hearing officer's ruling regarding a 39-month audit assessment for city privilege license taxes. The City claims the trial court erred as follows:

1. By finding that APS properly deducted the gross franchise fees from all three classes of customers in computing its tax;

2. By finding that as a result...

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