KERR v. KILLIAN

No. 1 CA-TX 00-0023.

65 P.3d 434 (2003)

204 Ariz. 485

Clark R. KERR and Billie Sue Kerr, husband and wife, Susan Moran, Steve Allen and John Udall, individually and as representatives of the class comprised of federal employees who paid Arizona income taxes on federal retirement contributions during one or more of the years 1984 to date, Plaintiffs-Appellees, Cross Appellants, v. Mark J. KILLIAN, in his capacity as Director of the Arizona Department of Revenue, the Arizona Department of Revenue of the State of Arizona, Defendants-Appellants, Cross-Appellees. State of Arizona, ex rel., the Arizona Department of Revenue, Plaintiff-Appellant, Cross-Appellee, v. Clark J. Kerr and Billie Sue Kerr, husband and wife, Defendants-Appellees, Cross-Appellants. Clark J. Kerr and Billie Sue Kerr, husband and wife; and their Attorneys, Bonn, Luscher, Padden & Wilkins, Chartered and O'Neil, Cannon & Hollman, S.C., Counterclaimants-Appellees, Cross-Appellants, v. State of Arizona, ex rel., the Arizona Department of Revenue, Counterdefendant-Appellant, Cross-Appellee.

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

As Amended February 27, 2003.


Attorney(s) appearing for the Case

Bonn & Wilkins Chartered by Paul V. Bonn, Randall D. Wilkins, D. Michael Hall, Phoenix, and O'Neil, Cannon & Hollman, S.C., by Eugene O. Duffy, Milwaukee, WI, Attorneys for Plaintiffs-Appellees-Cross Appellants.

Terry Goddard, Attorney General, by Michael Worley, Assistant Attorney General, Christine Cassetta, Assistant Attorney General, Phoenix, Attorneys for Plaintiff-Appellant-Cross Appellee.


AMENDED OPINION

PATTERSON, Presiding Judge.

¶ 1 We issued our original opinion in this appeal on August 28, 2001. Kerr v. Killian, 201 Ariz. 125, 32 P.3d 408 (App.2001). On August 29, 2001, our supreme court decided Arizona Department of Revenue v. Dougherty, 200 Ariz. 515, 29 P.3d 862 (2001). Based...

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