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CITY OF MESA v. KILLINGSWORTH

No. 8160.

96 Ariz. 290 (1964)

394 P.2d 410

CITY OF MESA, a municipal corporation, City of Phoenix, a municipal corporation, City of Tucson, a municipal corporation, and Town of Holbrook, a municipal corporation, Petitioners, v. Clyde KILLINGSWORTH, Superintendent of Motor Vehicle Division, State of Arizona, Wilbur F. Asbury, Bryant Whiting, Arthur F. Black, Stanley W. Coon and K. William Holbrook, Members of the State Highway Commission, County of Maricopa, a municipal corporation, County of Navajo, a municipal corporation, and County of Pima, a municipal corporation, Respondents, and County of Pinal, a municipal corporation, and County of Coconino, a municipal corporation, Intervenors.

Supreme Court of Arizona. En Banc.

Rehearing Denied September 22, 1964.

Attorney(s) appearing for the Case

J. LaMar Shelley, City Atty., Mesa, Merle L. Hanson, City Atty., Phoenix, Calvin Webster, City Atty., Tucson, and W. Dean Nutting, Town Atty., Holbrook, for petitioners.

Robert W. Pickrell, Atty. Gen., Dale R. Shumway, Asst. Atty. Gen., for respondents.

Lewis, Roca, Scoville, Beauchamp & Linton, by Edwin Beauchamp, Phoenix, for Maricopa County.

Edwin R. Powell, Holbrook, by William A. Niese, Phoenix, for Navajo County.

Hillock & Hillock, by Robert N. Hillock, Tucson, for Pima County.

Irving Vincent, Florence, for Pinal County.

Robert W. Warden, Flagstaff, for Coconino County.

STRUCKMEYER, Justice.

This is an original action in mandamus seeking to compel respondents to collect and apportion certain excise taxes in the manner petitioners believe the applicable law requires. We issued an alternative writ of mandamus, A.R.S.Const. Art. 6, § 5, as amended, allowing the parties an appropriate period of time to file, briefs.

The controversy arises out of the 1963 amendments to the Motor Vehicle Fuel Tax, Article 1, Ch. 9 of Title...

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