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COCHISE CTY. v. DANDOY

No. 13232.

116 Ariz. 53 (1977)

567 P.2d 1182

COCHISE COUNTY, Coconino County, Gila County, Graham County, Greenlee County, Maricopa County, Mohave County, Navajo County, Pinal County, Santa Cruz County, Yavapai County, and Yuma County, Bodies Politic and Corporate, Petitioners, v. Suzanne DANDOY, M.D., Director of the Department of Health Services and Department of Health Services, an Agency of the State of Arizona, John L. Huerta, Director of Department of Economic Security and Department of Economic Security, an Agency of the State of Arizona, Max Hawkins, Director of Department of Administration and Department of Administration, an Agency of the State of Arizona, and Bart Fleming, Treasurer of the State of Arizona, Respondents, Pima County, Arizona, a political subdivision, and Pima County Board of Supervisors, Apache County, a political subdivision, Respondents/Intervenors.

Supreme Court of Arizona, En Banc.

July 14, 1977.

Attorney(s) appearing for the Case

Ryley, Carlock & Ralston by George Read Carlock and Joseph P. Ralston, Phoenix, for petitioners.

Bruce E. Babbitt, Atty. Gen. by Anthony B. Ching, Phoenix, for respondents Dandoy, Dept. of Health Services, John L. Huerta, Dept. of Economic Sec., Max Hawkins, and Dept. of Administration.

Divelbiss & Gage by G. David Gage, Phoenix, for respondent Bart Fleming, State Treasurer.

Stephen D. Neely, Pima County Atty. by Michael Lacey, Sp. Counsel, Bd. of Supervisors, Pima County, and Ronald M. Lehman, Deputy County Atty., Tucson, for respondent/intervenors.

Waterfall, Economidis, Caldwell & Hanshaw, P.C., Tuscon, Lynwood J. Evans, Tempe, John G. Balentine and William E. Morris, Tucson, Schmal & Wollschlager, Phoenix, for amici curiae.

HAYS, Justice.

Thirteen of the Arizona counties filed a petition for special action, asking this court to stay the action of the respondents in ordering the petitioners to budget and levy taxes for a July 1, 1977 implementation of the state's Medicaid program. Petitioners further asked that respondents be prohibited from expending state funds for the implementation or administration of the Medicaid program.

At the twelfth hour, Apache County asked to be dropped...

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