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BLANTON & COMPANY v. TRANSAMERICA TITLE INS. CO.

No. 2 CA-CIV 1781.

24 Ariz. App. 185 (1975)

536 P.2d 1077

BLANTON AND COMPANY, an Arizona Corporation, Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY, as Trustee under Trust No. 6029-T, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 24, 1975.

Review Denied September 30, 1975.

Attorney(s) appearing for the Case

Sidney L. Kain, P.C. by Sidney L. Kain, Tucson, for appellant.

Gerald B. Hirsch, Miller, Pitt & Feldman, P.C. by Jeffrey H. Schwartz and Stanley G. Feldman, Tucson, for appellee.

OPINION

KRUCKER, Judge.

Did the trial court apply an incorrect measure of damages for trespass upon appellee's realty? That is the sole question involved in this appeal.

Transamerica Title Insurance Company, as trustee of a 340 acre tract of land, brought an action in trespass against Lawyers Title of Arizona, as trustee of an adjoining parcel of realty, for the destruction of a 2.5 acre portion of the tract and damages for the diminished value of...

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