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STATE v. ESTES CORPORATION

No. 2 CA-CIV 2140.

27 Ariz. App. 686 (1976)

558 P.2d 714

The STATE of Arizona, Andrew Bettwy, in his capacity of State Land Commissioner, and Ernest Garfield, in his capacity of State Treasurer, Appellants, v. The ESTES CORPORATION, on behalf of itself and on behalf of the class composed of all others similarly situated, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 30, 1976.

Petition for Review Denied January 4, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for appellants.

Miller, Pitt & Feldman, P.C. by Philip G. Urry, Jeffrey H. Schwartz, Tucson, for appellee.

OPINION

HATHAWAY, Judge.

Appellees originally brought this action seeking a refund of $28,869.86 for payments they made under protest in order to obtain partial patents on land purchased from the state. At a bench trial, the court ruled that appellees were entitled to a full refund and appellants seek review.

Park Avenue Homes, Inc., appellees' predecessor in interest purchased three parcels of land from the State of Arizona at public auction on June...

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