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ALL AMERICAN PIPELINE CO. v. KLUMP

No. 2 CA-CV 5929.

153 Ariz. 607 (1987)

739 P.2d 828

ALL AMERICAN PIPELINE COMPANY, a Texas corporation, Plaintiff/Appellant, v. Wayne D. KLUMP, a resident of Arizona, Defendant/Appellee.

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

Review Denied June 30, 1987.

Attorney(s) appearing for the Case

Snell & Wilmer by Lonnie J. Williams, Jr. and Carl F. Mariano, Phoenix, for plaintiff/appellant.

DeConcini McDonald Brammer Yetwin Lacy & Zimmerman by Douglas G. Zimmerman and Sharon M. Hensley, Phoenix, for defendant/appellee.

OPINION

LIVERMORE, Presiding Judge.

Appellant, All American Pipeline Company, instituted an eminent domain action against appellee, Wayne Klump, to acquire an easement for a petroleum pipeline as permitted by A.R.S. § 12-1111(17). This action, filed on August 6, 1985, was dismissed by appellant on April 14, 1986. This appeal questions the award to appellee of $49,919.71 for litigation expenses and attorneys' fees. We reverse.

Appellee first seeks...

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