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STATE LAND DEPARTMENT v. TUCSON ROCK AND SAND CO.

No. 10128-PR.

107 Ariz. 74 (1971)

481 P.2d 867

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

Supreme Court of Arizona, In Banc.

March 5, 1971.

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 by Marvin S. Cohen, Tucson, for appellee.

Evans, Kitchel & Jenckes, G. Henry Ladendorff, Twitty, Sievwright & Mills, Phoenix, Verity & Smith, Tucson, amici curiae.

STRUCKMEYER, Chief Justice.

This action arises out of the cancellation of State Mineral Lease M-109 issued for a 20-year term to appellee Tucson Rock and Sand Company. From the cancellation by the State Land Commissioner, Tucson Rock and Sand appealed to the Superior Court of Pima County. That court set aside the order of cancellation. The Court of Appeals reversed, and we accepted review. Opinion of the Court of Appeals, 12 Ariz.App. 193

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