SHOFSTALL v. HOLLINS

No. 11165.

110 Ariz. 88 (1973)

515 P.2d 590

W.P. SHOFSTALL, Superintendent, Arizona Department of Education and Member, State Board of Education; David Weisenborn, President, State Board of Education; Joseph P. Ralston, Maurice A. Marks, Paul P. Kennedy, Dwight Hudson, J. Lawrence Walkup, and O.B. Joy, Members, State Board of Education; Richard L. Harris, Member, State Board of Education and Maricopa County School Superintendent; Ernest Garfield, Treasurer of the State of Arizona; Gary Nelson, Attorney General of the State of Arizona; and John Does I through XIV, Appellants, v. Clarence HOLLINS, Individually, and Australia Hollins, his wife, Individually and as next friend of their minor children, Clarence Hollins, Jr., Gary Hollins, Janet Hollins and Paula Hollins; Carton Coleman, Individually, and Sarah Huckaby Coleman, his wife, Individually and as next friend of their minor child, Stevie Coleman; Hazel Huckaby, Individually, and Faye Huckaby, his wife, Individually and as next friend of their minor children, Glenda Huckaby, Michael Huckaby, Jimmy Huckaby and James Huckaby; Wiley Noble, Individually, and Ida Noble, his wife, Individually and as next friend of their minor children, Doris Noble, Johnny Noble, Billy Noble, Craig Noble and Mary Louise Noble; and Arthur McCuin, Individually and Lorenza McCuin, his wife, Individually and as next friend of their minor children, Jerry McCuin, Charles McCuin and Victor McCuin, Appellees.

Supreme Court of Arizona, En Banc.

November 2, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by James G. Bond, Asst. Atty. Gen., Phoenix, for appellants.

Jerry Levine, Scottsdale, for appellees.

Brown Vlassis & Bain by Jack E. Brown, Phoenix, for amici curiae David Kret, Jonathan Marshall and Arizonans for Children.

Dix W. Price, Phoenix, for amicus curiae Arizona Ed. Association.


HAYS, Chief Justice.

This case comes to us on appeal from the Superior Court. Pursuant to Rule 47(e), Rules of the Supreme Court, 17 A.R.S. we accepted jurisdiction of the appeal directly.

A civil action was filed by the Law Reform Unit of the Maricopa County Legal Aid Society, seeking injunctive and declaratory relief against alleged discrimination claimed to be in violation of the Equal Protection Clause of the Arizona and United States Constitutions. Plaintiffs...

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