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BRISTOR v. CHEATHAM

No. 5334.

73 Ariz. 228 (1952)

240 P.2d 185

BRISTOR et al. v. CHEATHAM et al.

Supreme Court of Arizona.

Rehearing Granted February 26, 1952.

Attorney(s) appearing for the Case

Dwight L. Solomon, Phoenix, for appellants.

Cunningham, Carson, Messinger & Carson, Snell & Wilmer and Wilson & Wilson, Phoenix, for appellees.

Kramer, Morrison, Roche & Perry, Jennings, Strouss, Salmon & Trask, Moore & Romley, Scott & Green, Walton & Walton and Whitney, Ironside & Whitney, Phoenix, Reed & Wood, Coolidge, Fred O. Wilson, Atty. Gen., Perry M. Ling, Chief Asst. Atty. Gen., amici curiae.

PHELPS, Justice.

This is an appeal from a judgment of the trial court dismissing plaintiffs' cause of action in which plaintiffs sought to restrain defendants from abstracting and diverting or using any waters which plaintiffs were pumping from domestic wells on their respective properties and for damages sustained.

The complaint alleges that plaintiffs have been the owners of the properties upon which they reside...

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