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ROER v. BUCKEYE IRR. CO.

No. 2 CA-CV 90-0113.

167 Ariz. 545 (1990)

809 P.2d 970

William J. ROER and Rita M. Roer, husband and wife, Plaintiffs/Appellants, v. BUCKEYE IRRIGATION COMPANY, dba Buckeye Water Conservation and Drainage District, and Arlington Canal Company, Defendants/Appellees.

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

As Corrected January 24, 1991.

Review Denied May 7, 1991.

Attorney(s) appearing for the Case

Vaughan & Becker, P.C. by Mathis Becker and Judith C. Darknall, Sun City, for plaintiffs/appellants.

Jones, Skelton & Hochuli by Jeffrey B. Miller and Booker T. Evans, Jr., Phoenix, for defendant/appellee Buckeye Irr. Co.

John R. Baker, Tempe, for defendant/appellee Arlington Canal Co.

OPINION

HOWARD, Judge.

FACTUAL AND PROCEDURAL SUMMARY

In June 1986, the plaintiffs filed this lawsuit against the defendants Buckeye Irrigation Company (Buckeye) and Arlington Canal Company (Arlington) alleging, among other things, that the defendants' negligence had caused the plaintiffs' land to become waterlogged, thus destroying its use as farm land. The case went to the jury on the negligence theory and the jury returned a verdict of $1,380...

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