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CITY OF FLAGSTAFF v. ATCHISON, TOPEKA & SANTA FE

No. 82-5307.

719 F.2d 322 (1983)

The CITY OF FLAGSTAFF, a municipal corporation, Plaintiff-Appellant, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a foreign corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 27, 1983.

Opinion on Denial of Rehearing and Rehearing December 28, 1983.

Attorney(s) appearing for the Case

Robert W. Warden, Mangum, Wall, Stoops & Warden, Flagstaff, Ariz., for plaintiff-appellant.

John G. Ryan, Phillip Fargo, Fargotstein, Fennemore, Craig, von Ammon & Udall, Phoenix, Ariz., for defendants-appellees.

Before KENNEDY and POOLE, Circuit Judges, and BYRNE, District Judge.

Opinion on Denial of Rehearing and Rehearing En Banc December 28, 1983.

KENNEDY, Circuit Judge:

The question before us is whether a municipality which commits police, fire, and other relief measures to a major emergency may recover the costs of those services from the tortfeasor who caused the accident. This diversity case requires our interpretation of Arizona law, where the issue appears to be one of first impression. If a later case presents the same question...

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