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CITY OF MESA v. SALT RIVER PROJECT AGR. IMP. & P. DIST.

No. 6976.

92 Ariz. 91 (1962)

373 P.2d 722

CITY OF MESA, a municipal corporation, Appellant, v. SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural Improvement district, Appellee.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 18, 1962.

Attorney(s) appearing for the Case

J. LaMar Shelley, City Attorney, Mesa, Kramer, Roche, Burch & Streich, Phoenix, for appellant.

Jennings, Strouss, Salmon & Trask, Phoenix, for appellee.

William G. Barnes, City Atty., Avondale & Tempe, Fred Talmadge, Town Atty., Benson, Eldon H. Towner, Town Atty., Buckeye, William E. Platt, City Atty., Coolidge, W. Shelley Richey, City Atty., Douglas, William Chester, Town Atty., El Mirage, Kenneth Biaett, City Atty., Glendale, F. Britton Burns, Town Atty., Goodyear, Melvyn T. Shelley, Town Atty., Holbrook, Sam Lazovich, Town Atty., Miami, Nasib Karam, City Atty., Nogales, Alvin Moore, Town Atty., Parker, Norman Wykoff, Town Atty., Peoria, H.J. Wolfinger, City Atty., Prescott, M.V. Gibbons, City Atty., St. Johns, George Song, City Atty., Scottsdale, Keith Benton, Town Atty., Somerton, James A. Yankee, City Atty., Tolleson, Frank Stanlis, Town Atty., Wickenburg, Denzil G. Tyler, City Atty., Winslow, John B. Wisely, Jr., City Atty., Yuma, amici curiae.

WILLIAM W. NABOURS, Superior Court Judge.

This action was brought by the City of Mesa, hereinafter called the City, for a declaratory judgment against the Salt River Project Agricultural Improvement and Power District, called the District, to determine the respective rights of the parties to serve electrical energy in certain areas within and adjacent to the corporate limits of the City. The District counterclaimed asking that the City be permanently restrained from...

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