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GREGORY v. THOMPSON

No. 2 CA-CV 88-0314.

159 Ariz. 512 (1989)

768 P.2d 674

Ray T. GREGORY and W.J. Danz, In their capacity as Constables of Cochise County Precincts Number 1 and 4 respectively, Plaintiffs/Appellants, v. V.L. THOMPSON, Chairman; Judith A. Gignac; and Ann S. English, all duly elected members of the board of Supervisors of Cochise County, a body Politic and Corporate of the State of Arizona in their capacities as Supervisors, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

February 9, 1989.

Attorney(s) appearing for the Case

Edward W. Matchett, Bisbee, for plaintiffs/appellants.

Alan K. Polley, Cochise Co. Atty. by Paul A. Smith and John A. MacKinnon, Bisbee, for defendants/appellees.

OPINION

HOWARD, Judge.

I. FACTS

This is an appeal from a summary judgment in an action for declaratory judgment relief.

The facts are not in dispute. The appellants are constables in Cochise County. The precincts in which they were elected do not have more than 10,000 registered voters but do include a city, a town or part thereof. The legislature has provided a salary scheme only for those constables whose precincts contain more than 10,000...

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