COLUMBIA INVESTMENT CO. v. M.M. SUNDT CONST. CO.

No. 2 CA-Civ 18.

1 Ariz. App. 124 (1965)

400 P.2d 132

COLUMBIA INVESTMENT COMPANY, Inc., Appellant, v. M.M. SUNDT CONSTRUCTION COMPANY, Defendant-Appellee, and State of Arizona, Intervenor-Appellee.

Court of Appeals of Arizona.

March 18, 1965.


Attorney(s) appearing for the Case

Scruggs & Rucker, Tucson, by Edgar F. Rucker, Tucson, for appellant.

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

Attorney General's Office, Phoenix, by Charles Royall, Asst. Atty. Gen., for intervenor-appellee.


MOLLOY, Judge.

This is an appeal from a declaratory judgment holding that a mineral lease issued by the State Land Department in pursuance of A.R.S. § 27-235 for the mining of sand and gravel does not include the right to construct upon the leased premises machinery for the processing of sand and gravel by washing, screening, crushing and sorting same. The trial court further determined that a lessee under a commercial lease issued by the State Land Department...

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