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STATE v. LEESON

No. 6302.

84 Ariz. 44 (1958)

323 P.2d 692

The STATE of Arizona, Appellant, v. Louis LEESON and Ada D. Leeson, husband and wife, dba Leeson Upholstery; Clell H. Warner and Rose G. Warner, husband and wife, dba Robert's Variety; Samuel White and Anne White, dba Country Club Laundry; Shew B. Hom, dba Mayfair Fine Foods; George Moeller and Blanche Moeller, husband and wife; Ell J. Donicone and Emerensa Donicone, husband and wife; and DeWitt Aurand and Chrystle B. Aurand, husband and wife, Appellees.

Supreme Court of Arizona.

March 26, 1958.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., Jack G. Marks, Sp. Asst. Atty. Gen., Lyle R. Allen, Tucson, of counsel, for appellant.

Clarence E. Houston and Alice Nihan Truman, Tucson, for appellees Louis Leeson, Ada D. Leeson, Clell H. Warner, Rose G. Warner, Samuel White, Anne White, Shew B. Hom, George Moeller and Blanche Moeller.

Frank E. Murphy, Jr., Tucson, for appellees Eli J. Donicone, Emerensa Donicone, DeWitt Aurand and Chrystle B. Aurand.

STRUCKMEYER, Justice.

Appellees, plaintiffs below, filed their complaint against the appellant, the State of Arizona and others, claiming damages for the taking and damaging of certain of their property. Judgments were entered against the State of Arizona on the theory of inverse eminent domain, with the recovery over against the third-party defendant Pima County in favor of the state. Further facts necessary for the determination of this appeal will be set forth...

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