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FARMERS INVESTMENT CO. v. PIMA MINING CO.

No. 11439.

111 Ariz. 56 (1974)

523 P.2d 487

FARMERS INVESTMENT COMPANY, a corporation, Petitioner, v. PIMA MINING COMPANY, a corporation; Andrew L. Bettwy, State Land Commissioner; State Land Department; the Honorable Robert O. Roylston, Judge of the Pima County Superior Court; and the Pima County Superior Court, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 16, 1974.

Attorney(s) appearing for the Case

Snell & Wilmer by Mark Wilmer, Loren W. Counce, Jr., Phoenix, for petitioner.

Verity & Smith by John C. Lacy, Tucson, Musick, Peeler & Garrett by Bruce A. Bevan, Jr., Los Angeles, Cal., for respondent Pima Mining Co.

Gary K. Nelson, Atty. Gen. by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for respondents Andrew L. Bettwy and State Land Dept.

STRUCKMEYER, Justice.

Petitioner, Farmers Investment Company, brought this special action to review a ruling of the Superior Court granting respondent Pima Mining Company's motion for summary judgment and denying its motion for partial summary judgment. We accepted jurisdiction pursuant to Article 6, § 5, subsec. 4, of the Constitution of Arizona, A.R.S. to resolve the question whether a lease from the State Land Department...

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