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PALOMA INV. LTD. PARTNERSHIP v. JENKINS

Nos. 1 CA-CV 97-0402, 1 CA-CV 98-0170.

978 P.2d 110 (1998)

194 Ariz. 133

PALOMA INVESTMENT LIMITED PARTNERSHIP, an Arizona limited partnership; Paloma Ranch Investments, L.L.C., a Delaware limited liability company, Plaintiff-Appellee, Cross-Appellant, v. W. K. JENKINS and Mrs. W. K. Jenkins; Robert E. Jenkins and Mrs. Robert E. Jenkins; Karl M. Jenkins and Barbara Jenkins; Hugh C. Jenkins and Mrs. Hugh C. Jenkins; M. Earlene Jenkins and Mr. John Doe Jenkins; Karla Jenkins Wilson and Mr. John Wilson, Defendants-Appellants, Cross-Appellees.

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

Reconsideration Denied November 27, 1998.

Review Denied May 25, 1999.

Attorney(s) appearing for the Case

Osborn Maledon P.A. by Thomas L. Hudson, Andrew D. Hurwitz, Helen Perry-Grimwood, Phoenix, for Plaintiff-Appellee/Cross-Appellant.

T. Michael Daggett, P.C. by T. Michael Daggett, and Proper & Kirkorsky by Jeffrey M. Proper, Phoenix, for Defendants-Appellants/Cross-Appellees.

OPINION

LANKFORD, Judge.

¶ 1 At issue in this action is the final judgment on a seven count amended complaint filed by Paloma Investment Limited Partnership ("Paloma") against W.K. Jenkins and his family (collectively "Jenkins") regarding a Water Rights Agreement ("WRA"). The WRA gave Jenkins a right to a portion of all proceeds gained through the sale, lease or transfer of all water or water rights on Paloma's property, Paloma Ranch ("the Ranch")....

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