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BRASHER v. GIBSON

No. 8058-PR.

101 Ariz. 326 (1966)

419 P.2d 505

Charles BRASHER and Bessie Brasher, husband and wife, Byrt M. Waller and Lucille M. Waller, husband and wife, Appellants, v. Keaton GIBSON, Appellee.

Supreme Court of Arizona. In Banc.

October 19, 1966.

Attorney(s) appearing for the Case

Westover, Copple, Keddie & Choules, Yuma, for appellants.

Brandt & Baker, Yuma, for appellee.

Ozell M. Trask, John Geoffrey Will, Phoenix, for Arizona Interstate Stream Commission, amici curiae.

STRUCKMEYER, Chief Justice.

This is an action by Charles Brasher and Bessie Brasher, his wife, and Byrt M. Waller and Lucille M. Waller, his wife, against Keaton Gibson seeking an injunction to prevent the obstruction and diversion of waters of the Colorado River and to recover actual and punitive damages. The trial court entered judgment in favor of the defendant, denying plaintiffs all relief. The judgment was reversed in the Court of Appeals,

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