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McMANN v. CITY OF TUCSON

Nos. 2 CA-CV 2001-0082, 2 CA-CV 2001-0163.

47 P.3d 672 (2002)

202 Ariz. 468

Pat MCMANN and Joan McMann, husband and wife, dba McMann's Roadrunner, Plaintiffs/Appellees, v. CITY OF TUCSON, a municipal corporation, Defendant/Appellant. Pat McMann and Joan McMann, husband and wife, dba McMann's Roadrunner, Plaintiffs/Appellants, v. City of Tucson, a municipal corporation, Defendant/Appellee.

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

May 30, 2002.

Attorney(s) appearing for the Case

Rusing & Lopez, P.L.L.C., by Michael J. Rusing and Sean E. Brearcliffe, Tucson, for Pat and Joan McMann.

Gabroy, Rollman & Bossé, P.C., by Richard M. Rollman and Richard A. Brown, Michael D. House, Tucson City Attorney, by David L. Deibel, Tucson, for City of Tucson.

OPINION

HOWARD, Presiding Judge.

¶ 1 These consolidated appeals arise from the trial courts' rulings on Pat and Joan McMann's declaratory judgment actions in cause numbers C-20011696 (first case) and C-20012065 (second case). In both cases, the McManns sought a declaration that A.R.S. § 13-3108 preempts the City of Tucson's "ordinance"1 requiring instant background checks...

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