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KIRKPATRICK v. BUTLER

No. 1 CA-CIV 1318.

14 Ariz. App. 377 (1971)

483 P.2d 790

M.B. KIRKPATRICK and Mildred Kirkpatrick, his wife, and Alaska General Credit Corporation, a corporation, Appellants, v. Ruth BUTLER and Edmond K. Butler, her husband, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 20, 1971.

Review Denied June 22, 1971.

Attorney(s) appearing for the Case

Snell & Wilmer, by Mark Wilmer, Phoenix, for appellants.

Powers, Boutell & Fannin, by James Powers, Phoenix, for appellees.

JACOBSON, Presiding Judge.

Whether plaintiffs, landowners on the edge of the Hassayampa River, presented sufficient evidence to go to the jury on the wrongful diversion of flood and surface waters by an upstream landowner, is the primary question in this appeal.

Plaintiffs-appellees, Ruth Butler and Edmond K. Butler, her husband, brought an action in the Superior Court of Maricopa County against defendants-appellants, M.B. Kirkpatrick and Mildred Kirkpatrick...

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