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STATE LAND DEPARTMENT v. TUCSON ROCK AND SAND CO.

No. 2 CA-CIV 766.

12 Ariz. App. 193 (1970)

469 P.2d 85

STATE LAND DEPARTMENT, Appellant, v. TUCSON ROCK AND SAND COMPANY, Appellee.

Court of Appeals of Arizona, Division 2.

As Amended on Denial of Rehearing June 25, 1970.

Review Granted September 22, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Dale R. Shumway, Special Asst. Atty. Gen., Phoenix, for appellant.

Bilby, Thompson, Shoenhair & Warnock, P.C., by Marvin S. Cohen, Tucson, for appellee.

HATHAWAY, Judge.

On May 29, 1952, the Tucson Rock and Sand Company, appellee, received a State of Arizona mineral lease, M-109. This lease, in addition to other provisions, provided that the appellee was to pay to the state a royalty of five cents per cubic yard of sand, rock or gravel appellee removed from the land. The State Land Department, appellant, unilaterally determinated that after January 10, 1967 the fair...

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