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CITY OF PHOENIX v. LINSENMEYER

No. 6502.

86 Ariz. 328 (1959)

346 P.2d 140

CITY OF PHOENIX, a municipal corporation, Appellant, v. Irma LINSENMEYER, Ernest Linsenmeyer and Robert Linsenmeyer, Executors of the Estate of Ottilia Linsenmeyer, Deceased, Appellees.

Supreme Court of Arizona.

November 12, 1959.

Attorney(s) appearing for the Case

William C. Eliot, City Atty., and George Mariscal, John F. Mills, Dale E. Marenda, Asst. City Attys., Phoenix, for appellant.

Brice I. Bishop and Donald R. Kunz, Phoenix, for appellees.

PHELPS, Chief Justice.

The present action was commenced by the duly appointed executors of the lessor of certain premises, against the City of Phoenix, lessee. The executors allege that certain "sewer and water connections" became the property of the lessor upon termination of the lease, and that their subsequent sale and removal constituted conversion against the estate.

In 1946 the City of Phoenix undertook to build and operate an "Emergency Veteran's Housing...

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