L.M. WHITE CONTR. CO. v. TUCSON ROCK & SAND CO.

No. 2 CA-CIV 690.

11 Ariz. App. 540 (1970)

466 P.2d 413

L.M. WHITE CONTRACTING COMPANY, a corporation, Appellant and Cross Appellee, v. TUCSON ROCK AND SAND COMPANY, a corporation, Appellee and Cross Appellant.

Court of Appeals of Arizona, Division 2.

March 12, 1970.


Attorney(s) appearing for the Case

Gerald B. Hirsch, Lesher & Scruggs, by D. Thompson Slutes, Tucson, for appellant and cross appellee.

Miller, Pitt & Feldman, by Stanley G. Feldman, Tucson, for appellee and cross appellant.


HATHAWAY, Judge.

This litigation between Tucson Rock and Sand Company as plaintiff and L.M. White Contracting Company as defendant arose out of the latter's refusal to permit the plaintiff to enter upon land owned by the defendant and to remove sand and gravel therefrom. The case was tried to the court sitting without a jury and extensive findings of fact and conclusions of law were rendered. The issues as to plaintiff's right to enter and remove gravel were resolved...

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