RICHEY v. CITY OF PHOENIX

No. 1 CA-CIV 1625.

18 Ariz. App. 208 (1972)

501 P.2d 49

Wilbur RICHEY et al., Appellants, v. The CITY OF PHOENIX, a municipal corporation, et al., Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied November 21, 1972.


Attorney(s) appearing for the Case

Herbert B. Finn and Galen H. Wilkes, Phoenix, for appellants.

Joe R. Purcell, City Atty., by Barry Leverant, Alan K. Polley, Ben P. Marshall, Asst. City Attys., Phoenix, for appellees.


EUBANK, Judge.

The only question raised by this appeal is whether the trial judge abused his discretion by dismissing appellants' class action for a declaratory judgment.

On June 3, 1970, appellants filed their complaints against the appellees under the Uniform Declaratory Judgments Act (A.R.S. §§ 12-1831 through 12-1846) praying for judgment as follows:

"2. That the plaintiffs obtain on the behalf of themselves and all of those similarly...

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