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VERDE DITCH CO. BY ALLERT v. JAMES

No. 1 CA-CIV 9542.

157 Ariz. 369 (1988)

758 P.2d 144

VERDE DITCH COMPANY, by Ted Allert, Vince V. Higginbotham, Glen W. Everett, Commissioners, Plaintiffs-Appellees, v. Albert JAMES, a married man dealing with his sole and separate property, Defendant-Appellant.

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

June 7, 1988.

Attorney(s) appearing for the Case

Mabery & Stadelman by L. Richard Mabery, Prescott, for plaintiffs-appellees.

Machmer & Schlosser by Gerald A. Machmer, Phoenix, for defendant-appellant.

OPINION

CORCORAN, Judge.

Albert James appeals from the trial court's entry of default judgment as a sanction pursuant to rule 37(d), Arizona Rules of Civil Procedure, and from an award of punitive damages.

In August 1984, the Commissioners of the Verde Ditch Co. sued James on behalf of Verde Ditch. According to Verde Ditch, it had built a dike to control water 40 years ago. Verde Ditch alleged that James destroyed the part of its dike that was on James...

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