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STATE v. BOYKIN

Nos. 11090-PR, 11092.

109 Ariz. 289 (1973)

508 P.2d 1151

STATE of Arizona and James J. Hegarty, in his official capacity as Superintendent of the Department of Public Safety, Petitioners, v. Richard J. BOYKIN et al., Respondents. Richard J. BOYKIN et al., Petitioners, v. The STATE of Arizona and James J. Hegarty, in his official capacity as Superintendent of the Department of Public Safety, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 15, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, John S. O'Dowd, Asst. Atty. Gen., Tucson, Fred W. Stork, Asst. Atty. Gen., Phoenix, for the State and James J. Hegarty.

Miller, Pitt & Feldman, P.C., James C. Carruth, Stanley G. Feldman, David J. Leonard, Tucson, Soble, Cole & Meehan, P.C., Tucson, for Richard J. Boykin, Garrett C. Robb, Terry Lee Kennedy, Arthur Gene Anderson, individually, and on behalf of all other persons similarly situated, real parties in interest.

Dennis DeConcini, Pima County Atty., Gerard R. O'Meara, Deputy County Atty., Tucson, for amicus curiae, Pima County Board of Supervisors.

LOCKWOOD, Justice:

Petitioners, employees of the Department of Public Safety as law enforcement officers, brought suit against the acting director of the Department, James J. Hegarty and the State of Arizona. The Pima County Superior Court denied a motion by the State to dismiss the complaint for failure to state a claim for relief. The State, in a special action proceeding, obtained its objective in the Court of Appeals, which directed the lower court to enter an...

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