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BAGDAD COPPER CORPORATION v. ZANNARAS

No. 14248.

229 F.2d 920 (1956)

BAGDAD COPPER CORPORATION, a corporation, Appellant, v. John Phillip ZANNARAS and J. P. Robinson, Jr., Co-partners, and U. S. Tungsten Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

January 30, 1956.

Attorney(s) appearing for the Case

Snell & Wilmer, Phoenix, Ariz., for appellant.

Joseph H. Morgan, Charles Christakis, Phoenix, Ariz., for appellees.

Before HEALY, POPE and FEE, Circuit Judges.

POPE, Circuit Judge.

The appellant, a Delaware corporation, here called Bagdad, and appellees Zannaras and Robinson, citizens of Arizona, were engaged in mining and milling of ores in Arizona. Bagdad was a subsequent upstream appropriator of water from Burro Creek. Zannaras and Robinson, here called defendants', held prior rights in the stream, diverting their water some seven miles below Bagdad's point of diversion. Each party had received from the State of Arizona...

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