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STATE v. COERVER

No. 8667.

100 Ariz. 135 (1966)

412 P.2d 259

STATE of Arizona ex rel. Samuel P. GODDARD, as Governor of the State of Arizona, Applicant, v. W.A. COERVER, Ruth C. Irving, William C. Smitherman, William B. McGrath, and Joseph E. McGarry, as Members of the Arizona State Hospital Board, Arizona State Hospital Board, the Board of Supervisors of Maricopa County, and Maricopa County, Respondents.

Supreme Court of Arizona. En Banc.

March 14, 1966.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Walter O. Holm, Asst. Atty. Gen., Phoenix, for applicant.

Robert K. Corbin, Maricopa County Atty., John A. Golden, Deputy County Atty., Phoenix, for respondents Maricopa County and its Board of Supervisors.

Lewis, Roca, Scoville, Beauchamp & Linton, by Paul M. Roca, Phoenix, for respondents William A. Coerver, Ruth C. Irving, William C. Smitherman, William B. McGrath, and Joseph E. McGarry, as Members of the Arizona State Hospital Board and the Arizona State Hospital Board.

George Frederick Randolph, Phoenix, for Maricopa County Hospital Development Ass'n, amicus curiae.

LOCKWOOD, Justice:

Application for original jurisdiction in this Court was made by applicant, State of Arizona, ex rel. Samuel P. Goddard, as Governor of the State of Arizona, pursuant to the Arizona Constitution, Art. VI, § 5(1), A.R.S. We accepted the dispute, by order on July 6, 1965, stating the state's application for Writ of Prohibition would be treated as an application for Writ of Injunction against the named respondents.

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