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SULPHUR SPRINGS VAL. ELEC. COOP., INC. v. CITY OF TOMBSTONE

No. 2 CA-CIV 35.

1 Ariz. App. 268 (1965)

401 P.2d 753

SULPHUR SPRINGS VALLEY ELECTRIC COOPERATIVE, INC., a public service corporation, and Sid Wilson, a taxpayer individually, and on behalf of all other persons similarly situated, Appellants, v. The CITY OF TOMBSTONE, a Municipal Corporation, and Walter C. Foster, Lawrence D. McCabe, Sanford Taylor, J.M. Holzhauser and W.J. Meyer, Mayor and Common Council of the City of Tombstone, a Municipal Corporation, and Arizona Public Service Company, a corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied June 8, 1965.

Attorney(s) appearing for the Case

Gentry & McNulty, by James F. McNulty, Jr., Bisbee, for appellants.

Evans, Kitchel & Jenckes, by Earl H. Carroll, Phoenix, for appellee City of Tombstone.

Snell & Wilmer, by Roger W. Perry, Phoenix, for appellee Arizona Public Service Co.

HATHAWAY, Judge.

This appeal presents for our consideration the validity of a sale of municipally-owned utilities. Sulphur Springs Valley Electric Coop., Inc., and Sid Wilson, a taxpayer, filed an action in Cochise County against the City of Tombstone, its Mayor and Councilmen. The plaintiffs sought to enjoin the defendants from selling and conveying the City's gas and electric utilities and also sought a decree setting aside as illegal and void the election to sell...

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