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FLECHA CAIDA WATER COMPANY v. CITY OF TUCSON

No. CA-CIV 121.

4 Ariz. App. 331 (1966)

420 P.2d 198

FLECHA CAIDA WATER COMPANY, Inc., a corporation, Appellant, v. The CITY OF TUCSON, a municipal corporation, and Subdivision Processors, Inc., Appellees.

Court of Appeals of Arizona.

Rehearing Denied January 10, 1967.

Review Denied January 31, 1967.

Attorney(s) appearing for the Case

Robertson, Childers, Burke & Drachman, by Frank E. Drachman, Jr., and Peter Johnson, Tucson, for appellant.

Gordon S. Kipps, City Atty., Jay M. Abbey, Asst. City Atty., Tucson, for appellees.

HATHAWAY, Judge.

Flecha Caida Water Company, Inc., has appealed from a judgment entered in three separate lawsuits which were consolidated for trial.

In the initial suit filed against the City of Tucson on June 24, 1963, Flecha Caida sought to enjoin the city from serving and offering service of water to the public in a section of land certificated to Flecha Caida for the service of water as a public utility.

The second suit was filed by the city on...

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