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SCHECTER v. KILLINGSWORTH

No. 7533.

93 Ariz. 273 (1963)

380 P.2d 136

Lorene SCHECTER and Robert Palmer, Appellants, v. Clyde KILLINGSWORTH, Superintendent, Motor Vehicles Division, and Edwin F. Cates, Director of Financial Responsibility Section, Motor Vehicles Division, Appellees.

Supreme Court of Arizona. En Banc.

March 27, 1963.

Attorney(s) appearing for the Case

Cantor & Ely, by Herbert L. Ely, Phoenix, for appellants.

Robert W. Pickrell, Atty. Gen., John T. Amey and Walter O. Holm, and Rad L. Vucichevich, Asst. Attys. Gen., Phoenix, for appellees.

Stockton, Aldrich & Hing, Phoenix, Attorneys for American Mutual Insurance Alliance, as amicus curiae.

Gust, Rosenfeld & Divelbess, Phoenix, for National Association of Independent Insurers, as amicus curiae.

Jennings, Strouss, Salmon & Trask, Phoenix, for Ass'n of Casualty and Surety Companies, as amicus curiae.

Wallace W. Clark, Phoenix, Charles C. Collins, Cornelius R. Gray, Washington, D.C., Joseph H. Braun, Hugh Neill Johnson, Robert G. Corbett, Chicago, Ill., for American Automobile Ass'n, Inc., and Arizona Automobile Ass'n, Inc., as amicus curiae.

MOLLOY, Superior Court Judge.

This is an appeal from a dismissal in the Superior Court of an application for a writ of prohibition, by which appellants sought to prohibit the Superintendent of the Motor Vehicle Division and the Director of the Financial Responsibility section from enforcing the provisions of A.R.S. § 28-1142, insofar as this section requires the Superintendent to suspend the driver's license of the appellant Palmer and the owner's registration...

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