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SHIRLEY v. SUPERIOR COURT IN & FOR COUNTY OF APACHE

No. 11237.

109 Ariz. 510 (1973)

513 P.2d 939

Tom SHIRLEY, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF APACHE; Laurance T. Wren, Judge of the Superior Court In and For the County of Coconino (Sitting in Apache County); Thomas MINYARD, Ted Spurlock, Clair Platt, Jay Reese, Apache County Board of Supervisors and James A. McDonald, Larry Stradling and Arthur N. Lee, constituting the members thereof and Margaret Lee, in her official capacity as Clerk of the Apache County Board of Supervisors, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 2, 1973.

Attorney(s) appearing for the Case

Brown, Vlassis & Bain, by Paul F. Eckstein, Phoenix, for petitioner.

Platt & Platt, by Michael D. Platt, St. Johns, for respondents, Minyard, Spurlock, Platt and Reese.

J. Kendall Hansen, Apache County Atty., St. Johns, Ian A. MacPherson, Phoenix, for respondents, Board of Supervisors of Apache County and Clerk thereof.

William C. Smitherman, U.S. Atty., Tucson, J. Stanley Pottinger, Asst. Atty. Gen., Walter Gorman, R. Dennis Ickes, Walter W. Barnett, Attys., Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., for amicus curiae, The United States.

Richard B. Collins, Robert C. Ericson, Window Rock, for amicus curiae, Charles and Leslie Goodluck.

Fried, Frank, Harris, Shriver & Kampelman, by Arthur Lazarus, Jr., and W. Richard West, Jr., Washington, D.C., for amicus curiae, Assn. of American Indian Affairs, Inc.

LOCKWOOD, Justice:

This is a special action by Tom Shirley as petitioner against the Apache County Board of Supervisors and certain others for the purpose of vacating the preliminary injunction order issued in an action against Tom Shirley by the respondents in this case, which prevented his assuming the office of Supervisor of Apache County Supervisorial District No. 3, and requiring the Board of Supervisors to certify Shirley as the duly elected County Supervisor...

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