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SCHOTT v. CITY OF KINGMAN

No. 26862.

461 F.2d 593 (1972)

Anna Mae SCHOTT, Plaintiff-Appellee, v. CITY OF KINGMAN, an incorporated Arizona municipality, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 27, 1972.

Attorney(s) appearing for the Case

Harold E. Whitney (argued), of Minne & Sorenson, Phoenix, Ariz., O. E. Everett, City Atty., Kingman, Ariz., for defendants-appellants.

Robert John Walton (argued), Phoenix, Ariz., for plaintiff-appellee.

Before WEICK, HAMLEY and MERRILL, Circuit Judges.

MERRILL, Circuit Judge:

The question presented in this diversity case is whether, under Arizona law, a subdivider of property adjacent to a city who installs a water system in satisfaction of a state-imposed condition to the right to sell subdivision lots, which system is then connected to the city system, can thereafter recover from the city the cost of such installation. The district Court held that she could. Its findings of fact, conclusions of law and judgment...

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