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RALSTON v. UNITED VERDE COPPER CO.

No. 266.

37 F.2d 180 (1929)

RALSTON et ux. v. UNITED VERDE COPPER CO.

District Court, D. Arizona.

November 18, 1929.

Attorney(s) appearing for the Case

O'Sullivan & Morgan, Joseph H. Morgan, and Louis H. Bunte, all of Prescott, Ariz., for plaintiffs.

Anderson, Gale & Stack, of Prescott, Ariz., for defendant.

NETERER, District Judge.

Did the defendant create a prescriptive right? George v. Gist (Ariz.) 263 P. 10; Atchison, T. & S. F. Ry. v. Edwards (C. C. A.) 15 F.2d 37. The defendant's challenge must derogate some right of plaintiff, and, until injury, no actionable right is contravened. There was no injury or damage disclosed by the evidence until 1919, and, until a right was derogated, the plaintiff could not have invoked the process...

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