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GILMORE v. GALLEGO

No. 1 CA-CV 22-0049.

529 P.3d 562 (2023)

Mark GILMORE, et al., Plaintiffs/Appellants, v. Kate GALLEGO, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

Filed April 18, 2023.

Attorney(s) appearing for the Case

The Goldwater Institute, Phoenix, By Jonathan Riches , Timothy Sandefur , Counsel for Plaintiffs/Appellants.

Sherman & Howard, L.L.C., Phoenix, By John Alan Doran , Matthew A. Hesketh , Counsel for City Defendants/Appellees.

Martin & Bonnett, P.L.L.C., Phoenix, By Daniel Bonnett , Jennifer Kroll , Counsel for Intervening Defendant/Appellee AFSCME.

Pacific Legal Foundation, Phoenix, By James M. Manley , Deborah J. La Fetra , Co-Counsel for Amicus Curiae Counsel for Plaintiffs/Appellants.

Pacific Legal Foundation, Sacramento, California, By Deborah J. La Fetra , Co-Counsel for Amicus Curiae Counsel for Plaintiffs/Appellants.

American Civil Liberties Union of Arizona, Phoenix, By K.M. Bell , Jared G. Keenan , Amicus Curiae Counsel for Plaintiffs/Appellants.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Vice Chief Judge David B. Gass joined. Judge Cynthia J. Bailey concurred in part and dissented in part.

OPINION

¶1 Plaintiffs Mark Gilmore and Mark Harder appeal from the entry of summary judgment against them and in favor of the City of Phoenix and the American Federation of State, County and Municipal Employees, Local 2384 (Union) on plaintiffs' claims that the City's employment practices violated Arizona's Constitution...

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