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ELKINS v. ROOSEVELT WATER CONSERVATION DISTRICT

No. 1 CA-CIV 2193.

22 Ariz. App. 130 (1974)

524 P.2d 964

Viron Audley ELKINS, Appellant, v. ROOSEVELT WATER CONSERVATION DISTRICT, Appellee.

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

Rehearing Denied September 16, 1974.

Review Denied October 15, 1974.

Attorney(s) appearing for the Case

Hughes & Hughes, P.C., by Coit I. Hughes, Phoenix, for appellant.

Udall, Shumway, Blackhurst, Allen, Bentley & Lyons, P.C., by John H. Lyons, Mesa, for appellee.

OPINION

OGG, Judge.

In this appeal we must determine if a Water Conservation District is entitled to negligence immunity under the doctrine of Salladay v. Old Dominion Copper Co., 12 Ariz. 124, 100 P. 441 (1909).

The parents of Viron Marcus Elkins, a sixteen year old boy, filed a wrongful death action against the defendant-appellee Roosevelt Water Conservation District. The trial court granted defendant's motion

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