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COUNTY OF PIMA v. SOUTHERN PACIFIC COMPANY

No. 7073.

95 Ariz. 41 (1963)

386 P.2d 400

COUNTY OF PIMA, a political subdivision of the State of Arizona, Appellant, v. SOUTHERN PACIFIC COMPANY, a corporation, Appellee.

Supreme Court of Arizona. En Banc.

Rehearing Denied December 3, 1963.

Attorney(s) appearing for the Case

Harry Ackerman, Former Pima County Atty., Chevy Chase, Md., Norman E. Green, Pima County Atty., Marvin S. Cohen, Former Chief Civil Deputy County Attorney, Tucson, for appellant.

Boyle, Bilby, Thompson & Shoenhair, Tucson, for appellee.

LOCKWOOD, Justice.

The Southern Pacific Company sued the County of Pima for breach of contract. The trial court entered summary judgment in the amount of $6,935.65 for the Railroad. The County appealed.

The terms and circumstances of the contract itself are not contested. On April 2, 1957, the Board of Supervisors of Pima County entered into a written agreement with the Railroad. In this agreement, the Railroad granted the County the right-of-way for a new...

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