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KOLLAR v. CITY OF TUCSON

Civ. No. 70 124 Tuc.

319 F.Supp. 482 (1970)

Edward J. KOLLAR and James D. Kriegh, Plaintiffs, v. CITY OF TUCSON et al., Defendants.

United States District Court, D. Arizona.

November 13, 1970.

Attorney(s) appearing for the Case

Richard C. Harris, Dowdall, Harris, Hull & Terry, Tucson, Ariz., Earl H. Carroll, Evans, Kitchel & Jenckes, Phoenix, Ariz., for plaintiffs.

Lewis C. Murphy, City Atty., City of Tucson, Tucson, Ariz., Fred H. Rosenfeld, Gust, Rosenfeld & Divelbess, Phoenix, Ariz., for defendants.

Before ELY, Circuit Judge, and WALSH and COPPLE, District Judges.

OPINION

ELY, Circuit Judge:

Plaintiffs, residents and qualified electors of Pima County, Arizona, sought to vote in a recent Tucson Water Revenue Bonds Project election, conducted on August 25, 1970. They were denied such privilege because they were not residents of the City of Tucson, and an Arizona statute limits the franchise in municipal water revenue bond elections to "qualified electors of the municipality."1

Plaintiff...

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