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ARIZ. STATE LAND DEPT. v. R.H. FULTON, INC.

No. 1 CA-CIV 3521.

118 Ariz. 404 (1978)

577 P.2d 255

ARIZONA STATE LAND DEPARTMENT, Andrew L. Bettwy, Commissioner, Appellant, v. R.H. FULTON, INCORPORATED, a Texas Corporation and Black Mesa Pipeline, Inc., an Arizona Corporation, Appellees.

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

Rehearing Denied March 16, 1978.

Review Denied April 11, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Peter C. Gulatto, Asst. Atty. Gen., Phoenix, for appellant.

Stevenson, Warden & Smith by William W. Stevenson, Flagstaff, for appellees.

OPINION

WREN, Judge.

Plaintiff, Arizona State Land Department, brought suit against the defendants, R.H. Fulton, Inc. and Black Mesa Pipeline, Inc., alleging willful trespass onto State School Trust Lands and sought treble damages in the amount of $52,923.60 for the value of 58,804 cubic yards of pipeline pad materials, earthen products, removed by the defendants from State lands. The action was brought pursuant to A.R.S. § 37-501(2) which defines, in...

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