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CLARKE v. ASARCO INC.

No. 14215-PR.

123 Ariz. 587 (1979)

601 P.2d 587

Dan W. CLARKE and Eileen J. Clarke, husband and wife, Appellees, v. ASARCO INCORPORATED, a New Jersey Corporation, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 23, 1979.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes by Burton M. Apker, Lex J. Smith and Barry J. Dale, Phoenix, for appellant.

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by David A. Fitzgibbons, Casa Grande, for appellees.

HOLOHAN, Justice.

Plaintiffs Dan W. Clarke and Eileen J. Clarke entered into a lease of agricultural land from Defendant ASARCO Inc. The lease was for a term beginning January 1, 1976, and ending December 31, 1977. ASARCO had purchased the subject property intending to retire it from agricultural use and to extract the groundwater for industrial use on other parcels of land. The legality of using groundwater resources on land other than the land from which it was...

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