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CRACCHIOLO v. STATE

No. 2 CA-CIV 4435.

135 Ariz. 243 (1983)

660 P.2d 494

Dan CRACCHIOLO and Joseph Cracchiolo, Plaintiffs/Appellees, v. STATE of Arizona; State Land Department of the State of Arizona; Joe T. Fallini, State Land Commissioner; Arizona State Department of Health Services; James E. Sarn, M.D., M.P.H., Director of the Department of Health Services; the City of Sierra Vista, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

February 3, 1983.

Attorney(s) appearing for the Case

Lesher, Clausen & Borodkin, P.C. by Robert O. Lesher, Tucson, for plaintiffs/appellees.

Robert K. Corbin, Atty. Gen. by Russell A. Kolsrud and Charleen H. Greer, Phoenix, for defendant/appellant State of Ariz.

Ramaeker, Fauver & Till by Stuart L. Fauver, Sierra Vista, for defendant/appellant City of Sierra Vista.

OPINION

BIRDSALL, Judge.

This appeal is from the trial court's order temporarily enjoining the appellants State of Arizona and City of Sierra Vista from going upon a certain section of land in Cochise County. The appellees Cracchiolo contend that they are entitled to a grazing lease covering the section. The section is part of the land which was given to the State of Arizona in trust for the support of the common schools by the Enabling Act passed by the U...

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