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AM. ESTATE LIFE INS. v. STATE, DEPT. OF INS.

No. 1 CA-CIV 3376.

116 Ariz. 240 (1977)

568 P.2d 1138

AMERICAN ESTATE LIFE INSURANCE COMPANY, an Arizona Corporation, Carefree Life Insurance Corporation of America, an Arizona Corporation, Modern Pioneers Life Insurance Company, an Arizona Corporation, and Sun Life Insurance Company, an Arizona Corporation, Appellants, v. STATE of Arizona, DEPARTMENT OF INSURANCE and T. Millard Humphrey, as Director of Insurance, State of Arizona, Appellees.

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

August 23, 1977.

Attorney(s) appearing for the Case

Stockton & Hing by Robert Ong Hing, Phoenix, for appellants.

Bruce E. Babbitt, Atty. Gen. by Mary Z. Chandler, Frank L. Migray, Asst. Attys. Gen., Phoenix, for appellees.

OPINION

OGG, Judge.

This appeal is from the granting of appellees' motion for summary judgment and the denial of appellants' motion for summary judgment. The pivotal issue concerns the questioned legality of a tax imposed by the appellees (State) upon the appellants (Insurance Companies).

The Insurance Companies contend that the statutory authority relied upon by the State to impose such a tax is unconstitutional because Law 1973, Ch. 160, § 6...

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