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READER v. MAGMA-SUPERIOR COPPER COMPANY

No. 10414-PR.

110 Ariz. 115 (1973)

515 P.2d 860

Mark READER and Frances Reader, his wife, Albert Mayer and Jean Mayer, his wife, on behalf of themselves and all others similarly situated, Appellants, v. MAGMA-SUPERIOR COPPER COMPANY, an Arizona corporation, Inspiration Consolidated Copper Company, a Maine corporation, Ray Mines Division, Kennecott Copper Corporation, a New York corporation, American Smelting and Refining Company, a New Jersey corporation, Phelps Dodge Corporation and Magma Copper Company, Appellees.

Supreme Court of Arizona, En Banc.

Rehearing Denied December 4, 1973.

Attorney(s) appearing for the Case

Marks & Marks by Richard B. Wilks, Langerman, Begam & Lewis, P.A., by Robert G. Begam, Kenneth L. Abrams, Phoenix, for appellants.

Evans, Kitchel & Jenckes, P.C., by Earl H. Carroll and Harold J. Bliss, Jr., Phoenix, for appellees American Smelting & Refining Co. and Phelps Dodge Corp.

Fennemore, Craig, von Ammon & Udall by Philip E. von Ammon, Phoenix, for appellee Kennecott Copper Corp.

Twitty, Sievwright & Mills by Howard A. Twitty, Phoenix, for appellee Magma Copper Co.

G. Henry Ladendorff, Phoenix, for appellee Inspiration Consolidated Copper Co.

Farringer & Raftery by Leland C. Makemson, Phoenix, for appellee Magma-Superior Copper Co.

HAYS, Chief Justice.

Appellants bring suit against six alleged owners or operators of copper smelters in Arizona and claim to represent a class consisting of all "persons living in Maricopa County who have occasion to and in fact do breathe and visualize air polluted by defendants." This class is specifically described in appellants' motion for determination as "[that area] bounded by the Superstition Mountains on the east; the White Tank Mountains on the west; the...

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