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RAIL N RANCH CORPORATION v. STATE

No. 2 CA-CIV 358.

7 Ariz. App. 558 (1968)

441 P.2d 786

RAIL N RANCH CORPORATION, an Arizona corporation; Lloyd W. Golder III and Helen T. Golder, husband and wife; Lloyd W. Golder, Jr. and Esther B. Golder, husband and wife, Appellants, v. The STATE of Arizona, a sovereign state; the Arizona Highway Commission, and Wilbur F. Asbury, Bryant Whiting, Arthur F. Black, Stanley W. Coon and K. William Holbrook, as members thereof; J.R. Van Horn, Individually, and as State of Arizona Engineer; William N. Price, Individually, and as State of Arizona Highway Engineer; Martin Toney, Individually and as State Engineer of Bridges and Dams; Mike Pintek; and Wayne Hunziker, Appellees.

Court of Appeals of Arizona.

Rehearing Denied July 3, 1968.

Attorney(s) appearing for the Case

Odgers & Barker, Miller & Pitt, by J. Emery Barker and Vincent E. Odgers, Tucson, for appellants.

Darrell F. Smith, Atty. Gen., Lesher, Scruggs, Rucker, Kimble & Lindamood, by Robert O. Lesher, Tucson, for appellees.

MOLLOY, Judge.

Plaintiffs appeal from a judgment entered in the trial court dismissing the State of Arizona, its Highway Commission, and a number of its agents and employees as parties defendant to this litigation. The basis for this ruling is the legislative grant of immunity found in A.R.S. § 45-715, which provides that no action shall be maintained against the State and its individual agents for damages resulting from failure of a dam.

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