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JARVIS v. STATE LAND DEPARTMENT

No. 9488.

106 Ariz. 506 (1970)

479 P.2d 169

W.W. JARVIS, for and on behalf of himself and other persons or legal entities constituting a class too numerous to be named as parties, Petitioners, v. The STATE LAND DEPARTMENT, a Department of the State of Arizona, Andrew L. Bettwy, State Land Commissioner of the State of Arizona; and CITY OF TUCSON, a municipal corporation, real party in interest, Respondents.

Supreme Court of Arizona, In Banc.

December 28, 1970.

Attorney(s) appearing for the Case

Elmer C. Coker, Phoenix, and Donald C. Cox, Eloy, for petitioners.

Gary K. Nelson, Atty. Gen., by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for respondent, State Land Commission.

Lewis C. Murphy, Tucson City Atty., by Richard H. Day, Asst. City Atty., and Robert O. Lesher, Sp. Asst. City Atty., Tucson, for respondent, City of Tucson.

Evans, Kitchel & Jenckes, by Burton M. Apker, Phoenix, amici curiae, American Smelting and Refining Co.

Chandler, Tullar, Udall & Richmond, Tucson, amici curiae, Anaconda Co. and Boyd Land and Cattle Co.

Twitty, Sievwright & Mills, Phoenix, amicus curiae, Banner Mining Co.

Fennemore, Craig, von Ammon & Udall, Phoenix, amici curiae, Duval Corporation and Duval Sierrita Corporation.

STRUCKMEYER, Vice Chief Justice.

This is an original petition by W.W. Jarvis and others, requesting that respondents, the City of Tucson and the State Land Department, show cause why an injunction heretofore issued under the original jurisdiction of this Court, Constitution of Arizona, Article VI, § 5, A.R.S., should not be strictly enforced. The petition is a continuation of the dispute Jarvis v. State Land Department, City of Tucson, 104 Ariz...

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