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PEABODY COAL CO. v. NAVAJO CTY.

No. 13255.

117 Ariz. 335 (1977)

572 P.2d 797

PEABODY COAL COMPANY, a corporation, Petitioner, v. NAVAJO COUNTY, a political subdivision of the State of Arizona, Raymond H. Randall, County Treasurer of Navajo County, Norman H. Turley, Johnny L. Butler and Charles A. Patterson, members of the Board of Supervisors of Navajo County, Arizona, Respondents.

Supreme Court of Arizona, In Banc.

November 21, 1977.

Attorney(s) appearing for the Case

Fennemore, Craig, von Ammon & Udall by Philip E. von Ammon and Donald R. Gilbert, Phoenix, for petitioner.

Bruce E. Babbitt, Atty. Gen. by Edwin P. Lee, Asst. Atty. Gen., Phoenix, for respondents.

CAMERON, Chief Justice.

This is a special action brought by petitioner, Peabody Coal Company, against the respondent, Navajo County, seeking to compel the respondent to satisfy a judgment for the refund of certain taxes improperly levied and collected. Two issues are raised:

1. Did Peabody file a premature demand for payment of its claim? 2. Is Navajo County entitled to set off the judgment against other taxes owed by Peabody or must it refund the...

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