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SWAIN v. SANTA FE PACIFIC RAILROAD COMPANY

No. 1 CA-CIV 2704.

24 Ariz. App. 349 (1975)

538 P.2d 1150

C.F. SWAIN d/b/a Crest Oil Company, and J. Fred Schlafly, as Trustee, Appellants, v. SANTA FE PACIFIC RAILROAD COMPANY, a corporation, Appellee.

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

August 14, 1975.

Attorney(s) appearing for the Case

J. Fred Schlafly, Alton, Ill., and Robert P. Davidson, Scottsdale, for appellants.

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

OPINION

JACOBSON, Presiding Judge.

Does the price a seller of helium gas obtains from a buyer by reason of litigation establish a "market price" for that gas? This is the question presented in this appeal.

Appellee, Santa Fe Pacific Railroad Company (Santa Fe) brought an action against appellant C.F. Swain, d/b/a Crest Oil Company and J. Fred Schlafly (lessees), successors in interest to a helium gas lease wherein Santa Fe was lessor for royalties...

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