GALLATIN v. STATE

No. 2 CA-CIV 228.

4 Ariz. App. 44 (1966)

417 P.2d 557

Robert E. GALLATIN and Trill B. Gallatin, his wife, C.E. Hallstrom, a divorced man, James R. Somervell, George F. Sicks and Mina E. Sicks, his wife, Kidd-McCoy Oil Company, a defunct Arizona Corporation, Sarah Louise Lackner, Arlow W. Richardson, Paul E. Laux, and Cochise County Treasurer, Appellants, v. STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellee.

Court of Appeals of Arizona.

August 2, 1966.


Attorney(s) appearing for the Case

Dunseath, Stubbs & Burch, By G. Eugene Isaak, Tucson, for appellants.

Lesher, Scruggs, Rucker, Kimble & Lindamood, By William E. Kimble, Tucson, for appellee.


KRUCKER, Chief Judge.

On March 4, 1965, the State of Arizona filed a condemnation action in the Superior Court of Cochise County, Arizona, in which the appellants, Mr. and Mrs. Gallatin, were named as defendants. On the same day, an order to show cause for immediate possession was also issued setting the 15th day of March, 1965, as the hearing date.

On March 15, 1965, the court issued an order for immediate possession without notice to the Gallatins since...

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