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STATE EX REL. HERMAN v. CARDON

No. 2 CA-CIV 1662.

23 Ariz. App. 82 (1975)

530 P.2d 1115

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department and County of Gila, Arizona, a body politic, Appellants, v. Wilford CARDON and Phyllis Cardon, husband and wife, Elijah Cardon and Marjorie Cardon, husband and wife, dba the Cardon Oil Company, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 26, 1975.

Review Granted April 1, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., N. Warner Lee, Former Atty. Gen., by Donald O. Loeb, Asst. Atty. Gen., Phoenix, for appellants.

Standage & Allen by Gove L. Allen, Mesa, for appellees.

OPINION

KRUCKER, Judge.

This cause comes before us after appellants, State of Arizona and Gila County, at the relation of the Attorney General of the State of Arizona, brought an action pursuant to A.R.S. § 18-160(A) (2), (3) and (C), to recover damages from the appellees caused by the wrongful removal and destruction of approximately 60 feet of concrete curb and gutter erected by the Arizona Highway Department within a right-of-way owned by the State...

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