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READER v. MAGMA-SUPERIOR COPPER COMPANY

No. 10414-PR.

108 Ariz. 186 (1972)

494 P.2d 708

Mark READER and Frances Reader, his wife, Albert Mayer and Jean Mayer, his wife, on behalf of themselves and all others similarly situated, Appellants, v. MAGMA-SUPERIOR COPPER COMPANY, an Arizona corporation, et al., Appellees.

Supreme Court of Arizona, In Banc.

March 15, 1972.

Attorney(s) appearing for the Case

Kaplan, Wilks & Abrams by Richard B. Wilks, Phoenix, and Langerman, Begam & Lewis, P.A. by Robert G. Begam, Phoenix, for appellants.

Evans, Kitchel & Jenckes by Earl H. Carroll, Phoenix, for appellees American Smelting and Refining Co., and Phelps Dodge Corp.

Farringer & Raftery by Leland C. Makemson, Phoenix, for appellee Magma-Superior Copper Co.

Fennemore, Craig, von Ammon & Udall by Philip E. von Ammon, Phoenix, for appellee Kennecott Copper Corp.

Twitty, Sievwright & Mills by Howard A. Twitty, Phoenix, for appellee Magma Copper Co.

G. Henry Ladendorff, Phoenix, for appellee Inspiration Consolidated Copper Co.

STRUCKMEYER, Justice.

This case is before us on a petition for review of an order of the Court of Appeals dismissing the appeal of Mark Reader and other appellants, plaintiffs in the Superior Court. The dismissal is ordered vacated and the cause transferred to this Court for final disposition.

Appellants brought this lawsuit as a class action under Rule 23, Rules of Civil Procedure, 16 A.R.S., against six asserted owners or operators of copper smelters in...

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