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APACHE COUNTY v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 9946.

106 Ariz. 356 (1970)

476 P.2d 657

APACHE COUNTY et al., Appellants, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, and Southern Pacific Company, Appellees.

Supreme Court of Arizona, In Banc.

November 13, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by Robert O. Lesher, Tucson, Stanley Z. Goodfarb, John M. McGowan, James D. Winter, Asst. Atty. Gen., Phoenix, for appellants.

Fennemore, Craig, von Ammon & Udall, Phoenix, for The Atchison T. & S.F. Ry. Co.

Evans, Kitchel & Jenckes, Phoenix, Robert L. Pierce, San Francisco, Cal., for Southern Pac. Co.

STRUCKMEYER, Vice Chief Justice.

The Atchison, Topeka and Santa Fe Railway Company and the Southern Pacific Company, the State's two principal railroads, brought similar actions to recover ad valorem property taxes paid under protest for the year 1968 and for one-half of the year 1969. The actions having the same issues were consolidated and as consolidated heard and decided. Judgments on amended and supplemental complaints were entered, favorable in part to the railroads...

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