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FLOOD CONTROL DIST. v. PALOMA INV. LTD.

No. 1 CA-CV 10-0106.

279 P.3d 1191 (2012)

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, Plaintiff/Counterclaimant/Appellant/Cross-Appellee, v. PALOMA INVESTMENT LIMITED PARTNERSHIP, a limited partnership; Prudential Insurance Company of America, a New Jersey corporation; Paloma Ranch Joint Venture, a joint venture; Hartford Fire Insurance Company; Gillespie Dam Investments, L.L.C., a limited liability company; Charter, L.L.C., a limited liability Company, Defendants/Counterdefendants/Appellees/Cross-Appellants.

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

May 31, 2012.

Attorney(s) appearing for the Case

Swenson, Storer, Andrews, & Frazelle, P.C. By Michael J. Frazelle , Phoenix, Helm & Kyle, By John D. Helm , Roberta S. Livesay , and Jeffrey L. Hyrcko , Tempe, Attorneys for Appellant/Cross-Appellee/Plaintiff/Counter-Defendant.

Mersch, Clark, & Rothschild, P.C. By J. Emery Barker & Scott H. Gann , Tucson, Haralson, Miller, Pitt, Feldman & McNally, LLC By Stanley G. Feldman , Thomas G. Cotter , & Rebecca A. Reed , Tucson, Attorneys for Appellees/Cross-Appellants.

OPINION

KESSLER, Judge.

¶ 1 This appeal relates to the obligation of the Flood Control District of Maricopa County ("District") to indemnify owners of the Gillespie Dam ("Dam Owners") for a settlement the Dam Owners entered into with farmers injured by a 1993 breach of the Dam ("Farmers"). We hold, inter alia, that: (1) An agreement by which the District agreed to indemnify the Dam Owners against "all...

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