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CITY OF TUCSON v. POLAR WATER CO.

No. 5607.

76 Ariz. 126 (1953)

259 P.2d 561

CITY OF TUCSON v. POLAR WATER CO.

Supreme Court of Arizona.

July 13, 1953.

Attorney(s) appearing for the Case

Harry L. Buchanan, City Atty., J. Luther Davis, Asst. City Atty., Tucson, for appellant.

Knapp, Boyle, Bilby & Thompson, and Arthur Henderson, Tucson, for appellee.

Wm. C. Eliot, City Atty., Laurence H. Whitlow (former City Atty.), George T. Fike, Asst. City Atty., Arthur B. Parsons, Jr., Asst. City Atty., Phoenix, John W. Corbin, City Atty., Glendale, Jos. C. Furst and Lin H. Orme, Phoenix, of counsel, Clifford R. McFall, Tucson, A.B. Spector, Phoenix, amici curiae.

PHELPS, Justice.

This action was instituted by the Polar Water Company, a limited partnership, to enjoin the city of Tucson, a home rule city, from extending its water service into Blenman Addition, which a short time previously had been annexed to the city of Tucson, and to enjoin it from serving the customers of plaintiff-appellee. Plaintiff and its predecessors have been engaged as a public utility in serving water for domestic purposes to residents within the...

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