BRISTOR v. CHEATHAM

No. 5334.

75 Ariz. 227 (1953)

255 P.2d 173

BRISTOR et al. v. CHEATHAM et al.

Supreme Court of Arizona.

March 14, 1953.


Attorney(s) appearing for the Case

Dwight L. Solomon, of Phoenix, for appellants.

Cunningham, Carson, Messinger & Carson, Snell & Wilmer, by James A. Walsh, and Wilson & Wilson, all of Phoenix, for appellees.

Kramer, Morrison, Roche & Perry, Jennings, Strouss, Salmon & Trask, Moore & Romley, Scott & Green, Walton & Walton, Whitney, Ironside & Whitney, Rawlins, Davis, Christy, Kleinman & Burrus, Lewis, Roca & Scoville, David B. Morgan, Edward E. Williams and Andrew L. Bettwy, all of Phoenix, Reed & Wood, Charles W. Stokes and Harry W. Bagnall, Jr., of Coolidge, Jesse C. Wanslee, of Phoenix, Ellis & Sult and Stanfield & Hernandez, of Eloy, Scanland, Mahoney & Walker, Thomas D. Derry, Tom Fulbright, E.L. Green and Raymond E. Peterson, all of Florence, Estes D. McBryde and Eugene K. Mangum, of Casa Grande, Fred O. Wilson, Atty. Gen., Perry M. Ling, Asst. Atty. Gen., and Howard F. Thompson, Asst. Atty. Gen., amici curiae.


WINDES, Justice.

The appeal is from an order of the lower court in sustaining a motion to dismiss plaintiffs' complaint. For the original majority and minority opinions, see 73 Ariz. 228, 240 P.2d 185. The substance of the allegations of the complaint are set forth therein. Rehearing was granted. Whenever the term ground water is used herein it shall be construed to mean what is commonly called...

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