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SOUTHWEST ENGINEERING CO. v. ERNST

No. 5881.

79 Ariz. 403 (1955)

291 P.2d 764

SOUTHWEST ENGINEERING CO., a Nevada corporation authorized to do business in the State of Arizona, Appellant and Cross-Appellee, v. Rogert ERNST, State Land Commissioner of the State of Arizona; The State Land Department of the State of Arizona; and the State of Arizona, Appellees and Cross-Appellants.

Supreme Court of Arizona.

December 20, 1955.

Attorney(s) appearing for the Case

Peterson & Karman, Casa Grande, for appellant and cross-appellee.

Ross F. Jones, Atty. Gen., Robert W. Pickrell, Asst. Atty. Gen., Perry M. Ling, Special Counsel, Phoenix, for appellees and cross-appellants.

STRUCKMEYER, Justice.

This action was commenced by appellant, Southwest Engineering Co., a corporation, against the State of Arizona and the State Land Commissioner to determine appellant's rights to the use of the subterranean water underlying its lands. The Superior Court found and so held that of the two legislative acts controlling the use of ground water, the Groundwater Code1 of 1948 was constitutional but that Sections 2, 3, 4 and...

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