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MITCHELL v. CITY OF NOGALES

No. 6296.

83 Ariz. 328 (1958)

320 P.2d 955

Del MITCHELL, Appellant, v. The CITY OF NOGALES, a municipal corporation (Plaintiff), Appellee, and Jose S. Colunga, Individually and as Mayor of the City of Nogales, Arizona, John W. Phillips, Hamilton Draper, Daniel Uribe, Robert O. Ziegler, Marcelino Varona, Ceasar G. Rios, Individually and as members of the Board of Aldermen of the City of Nogales, Fidel A. Enciso, as Clerk and Treasurer of the City of Nogales, Arizona; and R.W. Beck and Associates (Defendants) Appellees.

Supreme Court of Arizona.

February 5, 1958.

Attorney(s) appearing for the Case

Duane Bird and Thomas L. Hall, Nogales, and Evans, Kitchel & Jenckes by Jos. S. Jenckes, Jr. and Earl H. Carroll, Phoenix, for appellant.

Nasib Karam, Nogales City Atty., for plaintiff-appellee.

James V. Robins, Nogales, for defendants-appellee.

UDALL, Chief Justice.

The sole question presented on this appeal is whether the trial court erred in denying appellant Del Mitchell the right to intervene in an action filed by the City of Nogales, plaintiff, against defendants, the Mayor and Members of the Board of Aldermen of said city; and R.W. Beck and Associates.

The events giving rise to the instant appeal are as follows: defendants as the governing body of the City of Nogales adopted an emergency resolution...

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