KILLINGSWORTH v. WEST WAY MOTORS, INC.

No. 6518.

87 Ariz. 74 (1959)

347 P.2d 1098

Clyde KILLINGSWORTH, as Superintendent of the Motor Vehicle Division, Arizona State Highway Department, Defendant, Arizona Automobile Dealers Association, a corporation, Intervener, Appellants, v. WEST WAY MOTORS, INC., an Arizona corporation, Appellee.

Supreme Court of Arizona.

December 30, 1959.


Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., and Harmon S. Puckett, Asst. Atty. Gen., for Clyde Killingsworth.

Snell & Wilmer, and Perry M. Ling, Phoenix, for Arizona Automobile Dealers Ass'n.

Parker & Muecke, Phoenix, for appellee.


PHELPS, Chief Justice.

This is an appeal from a summary judgment entered by the trial court in favor of plaintiff-appellee against defendant and intervener, appellants. The parties will hereinafter be designated as plaintiff, defendant, and intervener.

The facts are that plaintiff who had been engaged in the used car business in the City of Phoenix for a substantial period of time prior to October 4, 1956, made application...

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