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ADDISON v. CIENEGA, LTD.

No. 2 CA-CIV 5295.

146 Ariz. 322 (1985)

705 P.2d 1373

Charles Wesley ADDISON and Susan U. Philips, husband and wife, Plaintiffs/Appellants, v. CIENEGA, LTD., an Arizona corporation and Stewart Title & Trust Company of Tucson, an Arizona corporation, as Trustee under Trust No. 2365, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 4, 1985.

Attorney(s) appearing for the Case

Hirsch & Harrison, P.C. by W. James Harrison, Tucson, for plaintiffs/appellants.

Slutes, Sakrison, Grant & Pelander, P.C. by Philip H. Grant, Tucson, for defendants/appellees.

OPINION

LIVERMORE, Judge.

Plaintiffs, Charles Addison and Susan Phillips (Addison), brought action against defendants, Cienega, Ltd., and Stewart Title & Trust Co. (Cienega), alleging that activities of Cienega along the bank and in the bed of the Rillito River changed its flow so as to cause damage to Addison's property. After two extensions of the time for answer had been given and no answer filed, a default judgment was entered on July 24, 1984, for...

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