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STATE v. WILSON

No. 2 CA-CIV 126.

4 Ariz. App. 577 (1967)

422 P.2d 408

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. Jack A. WILSON and Violet R. Wilson, his wife, Appellees and Cross Appellants. STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. James L. FINLEY and Margaret I. Finley, his wife, Appellees.

Court of Appeals of Arizona.

Review Granted March 28, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., William E. Kimble, Sp. Asst. Atty. Gen., Tucson, for appellant.

Dunseath, Stubbs & Burch, by Robert C. Stubbs, Tucson, for appellees and cross appellants.

MOLLOY, Judge.

An extensive motion for rehearing has been filed by the property owners which presents at least one new contention and considerable additional authority not previously brought to the attention of this court. Advanced for the first time is the contention that there was no proper objection made by the state to the admission of the "log" (Exhibit H) of the pumping from the Finley well. The objection made was in these words:

"Same objection. There...

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