FARMERS INVESTMENT COMPANY v. BETTWY

No. 11439-2.

113 Ariz. 520 (1976)

558 P.2d 14

FARMERS INVESTMENT COMPANY, a corporation, Appellant, v. Andrew L. BETTWY, as State Land Commissioner, and the State Land Department, a Department of the State of Arizona, and Pima Mining Company, a corporation, Appellees. FARMERS INVESTMENT COMPANY, a corporation, Appellant, v. The ANACONDA COMPANY, a corporation, Amax Copper Mines, Inc., the Anaconda Company as partners in and constituting Anamax Mining Company, a partnership, Appellees. CITY OF TUCSON, a Municipal Corporation, Appellant, v. ANAMAX MINING COMPANY, and Duval Corporation and Duval Sierrita Corporation, Appellees.

Supreme Court of Arizona, In Banc.

August 26, 1976.


Attorney(s) appearing for the Case

Snell & Wilmer by Mark Wilmer, Loren W. Counce, Jr., Phoenix, for Farmers Investment Co.

Bruce E. Babbitt, Atty. Gen. by Peter C. Gullatto, Phoenix, for State of Arizona.

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

Chandler, Tullar, Udall & Richmond by Thomas Chandler, Tucson, for Anaconda Co.

James D. Webb, Tucson City Atty., Robert O. Lesher, Tucson, for City of Tucson.

Fennemore, Craig, Von Ammon & Udall by Calvin H. Udall, Phoenix, for Duval Corp.


STRUCKMEYER, Vice Chief Justice.

On November 24, 1969, Farmers Investment Company, herein called FICO, filed a complaint naming certain mining companies as defendants. Among those named in its amended complaint filed November 8, 1973, were the Anamax Copper Mining Company, The Anaconda Company, the Amax Copper Mines, Inc. and Pima Mining Company, the Duval Corporation and the American Smelting and Refining Company. Subsequently, Andrew L. Bettwy, State Land Commissioner...

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