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CITY OF TUCSON v. ARIZONA CORPORATION COMMISSION

No. 2 CA-Civ 22.

1 Ariz. App. 110 (1965)

399 P.2d 913

CITY OF TUCSON, a municipal corporation, Appellant, v. ARIZONA CORPORATION COMMISSION, and George F. Senner, Jr., A.P. Buzard and E.T. Williams, Jr., as members of and comprising the same, and M.M. Sundt Construction Co., an Arizona corporation, Appellees.

Court of Appeals of Arizona.

March 10, 1965.

Attorney(s) appearing for the Case

Calvin Webster, City Atty., Joe R. Purcell, Asst. City Atty., Tucson, for appellant, City of Tucson.

Robertson, Childers, Burke & Drachman, by Frank E. Drachman, Jr., Tucson, for appellee Sundt.

Robert W. Pickrell, former Atty. Gen., Darrell F. Smith, Atty. Gen., Sidney Rosen, Asst. Atty. Gen., Phoenix, for appellee Arizona Corporation Commission.

KRUCKER, Chief Judge.

The City of Tucson brought an action in the Superior Court of Pima County, Arizona, for a declaratory judgment, seeking determination of the validity and intent of an Opinion and Order of the Corporation Commission, dated April 27, 1961, granting a Certificate of Convenience and Necessity to Appellee-Defendant, M.M. Sundt Construction Co., to operate a public water utility on three sections of land in Pima County, Arizona, leased by Sundt from...

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