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BURRIS v. CITY OF PHOENIX

No. 1 CA-CV 90-0545.

179 Ariz. 35 (1993)

875 P.2d 1340

Ronald BURRIS and Earlene Burris, husband and wife, and The State of Arizona, ex rel., Grant Woods, Attorney General, and the Civil Rights Division of the Arizona Department of Law, Plaintiffs-Appellants, Cross-Appellees, v. CITY OF PHOENIX, a body politic, Defendant-Appellee, Cross-Appellant.

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

Review and Cross-Petition for Review Denied July 6, 1994.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Heather Sigworth, Sp. Asst. Atty. Gen., Judy Drickey-Prohow, Tucson, and Marton & Hall, P.A. by Kraig J. Marton and Terry F. Hall, Phoenix, for appellants/cross-appellees.

Lewis and Roca by Susan M. Freeman, Richard S. Cohen and Jane E. Reddin, Phoenix, for appellee/cross-appellant.

Ryley, Carlock & Applewhite, P.A. by Linda H. Miles and Michael D. Moberly, Phoenix, for amicus curiae — City of Bisbee.

Barbara Hoffman, Silver Spring, MD, for amicus curiae — Nat. Coalition for Cancer Survivorship.

OPINION

CLABORNE, Judge.

Appellant Ronald Burris ("Burris") applied for a fire fighter position with Appellee City of Phoenix ("the City"). Burris took and passed all of the required tests, and the City offered him the job as a fire fighter. However, later the City refused to hire Burris because he had a history of cancer, though he did not have the disease at the time.

Burris sued the City, and the trial court ruled that the City had discriminated...

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