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CITY OF PHOENIX v. CONSOLIDATED WATER COMPANY

No. 8640.

101 Ariz. 43 (1966)

415 P.2d 866

The CITY OF PHOENIX, a municipal corporation, Appellant, v. CONSOLIDATED WATER COMPANY, a corporation, Spencer D. Stewart and Mary Jane Stewart, his wife, Capital Auto Supply and Stewart Management Company, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied September 20, 1966.

Attorney(s) appearing for the Case

Merle L. Hanson, City Atty., Dow Ben Roush, Richard Kamps, Phoenix, Allen L. Feinstein, Phoenix, of counsel, for appellant.

Evans, Kitchel & Jenckes, Phoenix, for appellees.

STRUCKMEYER, Chief Justice.

This is an action by the City of Phoenix, a municipal corporation, against Spencer D. Stewart and Mary Jane Stewart, his wife, doing business as Consolidated Water Company, hereinafter called Consolidated. The City seeks to acquire by eminent domain a water works system owned and operated by Consolidated as a public utility. After trial to the court the value of Consolidated was found to be $3,400,000 and judgment was entered for that sum...

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