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FARMERS INV. CO. v. ARIZONA STATE LAND DEPT.

No. 1 CA-CIV 5461.

136 Ariz. 369 (1982)

666 P.2d 469

FARMERS INVESTMENT COMPANY, a corporation, Plaintiff-Appellee, v. ARIZONA STATE LAND DEPARTMENT and Joe Fallini, State Land Commissioner; Cyprus Pima Mining Company, an Arizona corporation, Defendants-Appellants.

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

Rehearing Denied April 21, 1983.

Review Denied June 23, 1983.

Attorney(s) appearing for the Case

Snell & Wilmer by Mark Wilmer, Warren E. Platt, Robert B. Hoffman, Donald M. Peters, Phoenix, for plaintiff-appellee.

Robert K. Corbin, Ariz. Atty. Gen. by Kathy W. Rand, Russell A. Kolsrud, Asst. Atty. Gen., Phoenix, for Arizona State Land Dept. and Fallini, defendants-appellants.

Lewis & Roca by Walter Cheifetz, Paul G. Ulrich, Tom Galbraith, Judith E. Sirkis, and Musick, Peeler & Garrett, Los Angeles, Cal., for Cyprus Pima Mining Co., defendant-appellant.

OPINION

OGG, Presiding Judge.

This is an appeal by defendants-appellants Arizona State Land Department and Joe Fallini as State Land Commissioner (Department) and Cyprus Pima Mining Company (Cyprus Pima) from the order of the trial court which granted summary judgment to plaintiff-appellee Farmers Investment Company (FICO). The trial court granted FICO's request for a declaratory judgment that a public auction sale of groundwater from state land was void because...

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