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SMITH v. LASSEN

No. 2 CA-CIV 230.

5 Ariz. App. 208 (1967)

424 P.2d 856

Vernon B. SMITH, Appellant, v. Obed M. LASSEN, State Land Commissioner, State of Arizona, and Banner Mining Company, Appellees.

Court of Appeals of Arizona.

March 7, 1967.

Attorney(s) appearing for the Case

Cattany & Howe, by Robert E. Cattany, Tucson, for appellant.

Darrell F. Smith, Atty. Gen., by Dale R. Shumway, Twitty, Sievwright & Mills, by George E. Reeves, Phoenix, for appellees.

MOLLOY, Judge.

The appellee, Obed M. Lassen, State Land Commissioner, in a motion for rehearing, has called our attention to A.R.S. § 37-281, subsec. C, adopted by Chapter 89, Laws of 1941, which the Commissioner contends changes the rule of State ex rel. Mullen v. Hedrick, 51 Ariz. 180, 75 P.2d 366 (1938), which decision was cited in the opinion heretofore released in this action.

The Commissioner contends that the 1941 amendment was specifically adopted...

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