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GREEN RESERVOIR FLOOD CONTROL DIST. v. WILLMOTH

No. 2 CA-CIV 771.

15 Ariz. App. 406 (1971)

489 P.2d 69

GREEN RESERVOIR FLOOD CONTROL DISTRICT, Appellant and Cross Appellee, v. Tom WILLMOTH and Ruby Willmoth, his wife, Appellees and Cross Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 4, 1971.

Review Denied December 7, 1971.

Attorney(s) appearing for the Case

Donald C. Cox, Eloy, for appellant and cross appellee.

Brown, Vlassis & Bain by George E. Hilty, Phoenix, for appellees and cross appellants.

HATHAWAY, Judge.

The Willmoths sued to recover damages for the flooding of their property in September 1964, December 1965 and January 1966. The second amended complaint against Green Reservoir Flood Control District alleged negligence and strict liability as theories of recovery. Following a jury trial, the jury answered sixteen interrogatories and appellees were awarded a $60,000 judgment based upon the interrogatories.

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