STATE OF WASHINGTON v. MARICOPA COUNTY, ARIZ.

No. 11087.

152 F.2d 556 (1945)

STATE OF WASHINGTON et al. v. MARICOPA COUNTY, ARIZ. et al.

Circuit Court of Appeals, Ninth Circuit.

December 14, 1945.


Attorney(s) appearing for the Case

Smith Troy, Atty. Gen. of Washington, Harold A. Pebbles and Lyle L. Iversen, Assts. to Atty. Gen., for appellant State of Washington.

David M. Wood, of New York City, and Gust, Rosenfeld, Divelbess & Robinette, of Phoenix, Ariz., for appellant Equitable Life Ins. Co.

John L. Sullivan, Atty. Gen. of Arizona, and Earl Anderson, Asst. Atty. Gen., for appellees Osborn et al.

Edwin Beauchamp, Co. Atty., and Leslie C. Hardy, Sp. Counsel, both of Phoenix, Ariz., and George Herrington and Orrick, Dahlquist, Neff, Brown & Herrington, all of San Francisco, Cal., for appellees Maricopa County et al.

Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

Appellants are holders of highway improvement bonds issued by Maricopa County, Ariz., in the years 1919 and 1921. Incorporated in the bonds are specific due dates. Some of the bonds have matured, others have not. On demand of Maricopa County the Loan Commissioners of the state instituted proceedings to refund the unretired portions of the two issues on the view that the bonds were legally subject to call and refunding whenever such operation...

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