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HEINER v. CITY OF MESA

No. 1 CA-CIV 2047.

21 Ariz. App. 58 (1973)

515 P.2d 355

Lee HEINER, William Stuart Wunch, Zane W. Merkley, Bruce Jay Hancock, W. Vaughn Ellsworth, James G. Papik and Dr. Philip F. Hartman, Appellants, v. The CITY OF MESA, Jack J. Taylor, Wayne G. Pomeroy, Eldon Cooley, Bert Freestone, William G. Wright, Lee Roy Kellis, George Bliss and J.W. Petrie, Southside District Hospital, Good Samaritan Hospital, W.D. Pew, Raymond L. Russell, Arthur L. Livingston, Manuel Matta, H. Richard Poyntner, Richard E. Skousen, Scott Parker and Clara B. Emmett, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 12, 1973.

Review Denied January 15, 1974.

Attorney(s) appearing for the Case

Tanner, Jarvis, Owens & Hoyt by Wallace O. Tanner, Phoenix, for appellants.

J. LaMar Shelley, Mesa, for appellees City of Mesa, its Mayor, Councilmen and City Manager.

Killian & Legg, by John G. Hough, Mesa, for appellees Good Samaritan Hospital and Southside Dist. Hospital, the members of its Bd. of Trustees and its Manager.

OPINION

STEVENS, Judge.

The appellants were the plaintiffs in the trial court. The appellees were the defendants. The trial court rendered a summary judgment in favor of the defendants and the plaintiffs have appealed therefrom.

While there are other issues which will be discussed, the main issue involves the application of § 7 of Article 9 A.R.S. of our Constitution which reads as follows:

"§ 7. Gift or loan of credit; subsidies...

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