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IMAN v. SOUTHERN PACIFIC COMPANY

No. 1 CA-CIV 344.

7 Ariz. App. 16 (1968)

435 P.2d 851

Lester L. IMAN, Robert W. Walker, Thomas A. Kirby, Wright P. Thomas, J.C. Guyton, Jr., J.C. Bennett, Art. J. Coates, J.C. Boyle, R.B. Ozment and John Does 1 to 1,000, inclusive, the Brotherhood of Locomotive Firemen and Enginemen, a labor organization, and Local Lodges 94, 173, 544, 632 and 970 of the Brotherhood of Locomotive Firemen and Enginemen, Appellants, v. SOUTHERN PACIFIC COMPANY, a Delaware corporation, the Atchison, Topeka and Santa Fe Railway Company, a Kansas corporation, and Darrell F. Smith, Attorney General of the State of Arizona, Appellees.

Court of Appeals of Arizona.

January 2, 1968.

Attorney(s) appearing for the Case

Peterson, Estrada & Matz, and Howard V. Peterson, Phoenix, for appellants.

Evans, Kitchel & Jenckes, by Joseph S. Jenckes, Jr., Phoenix, for appellee Southern Pacific.

Fennemore, Craig, Allen & McClennen, by Philip E. von Ammon, Phoenix, for appellee Atchison, Topeka and Santa Fe Railway.

Darrell F. Smith, Atty. Gen., Phoenix, for appellee State of Arizona.

KRUCKER, Judge.

The appellants (plaintiffs in the trial court) brought this action under the Declaratory Judgments Act, A.R.S. § 12-1831 et seq., seeking to have declared unconstitutional the Railroad Anti-Featherbedding Law of 1964. This law, which became effective December 3, 1964, was enacted by the electors of the State of Arizona through initiative petition submitted for their approval or rejection at the general election held on November 3, 1964. (This...

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