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Miller v. City of Phoenix

Supreme Court of Arizona

February 7, 1938

FRANK G. MILLER, Appellant,
v.
CITY OF PHOENIX, a Municipal Corporation, and BEN PASQUALETTI, Jr., Appellees

APPEAL from an order of the Superior Court of the County of Maricopa. G. A. Rodgers, Judge. Order affirmed.

Mr. William C. Eliot, for Appellant.

Mr. I. A. Jennings, City Attorney, Mr. Hess Seaman and Mr. Richard F. Harless, his Assistants, for Appellee.

OPINION

Page 1034

[51 Ariz. 255] LOCKWOOD, J.

The City of Phoenix, hereinafter called plaintiff, brought suit against Ben Pasqualetti, hereinafter called defendant, under the provisions of sections 4385-4390, Revised Code, 1928, commonly known as the Declaratory Judgment Act, to secure the judgment of the court as to the validity of the following agreement between plaintiff and defendant:

[51 Ariz. 256] "Agreement

"This Agreement... Witnesseth: ...

"I

"That second party shall collect all first class garbage from all places except private residences within that section of the City of Phoenix, lying and being between Seventh Street and Seventh Avenue, Van Buren Street and Jackson Street.

"II

"That all collections of garbage shall be made under the supervision of the Superintendent of Streets and his instructions to the second party shall be carried out by said second party.

"III

"That second party shall dispose of all garbage of the second class as collected by ...


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