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HARRIS v. BUCKEYE IRR. CO.

No. 13570.

118 Ariz. 498 (1978)

578 P.2d 177

Thomas HARRIS for and on behalf of himself and Hallie Harris, his wife, Appellant, v. BUCKEYE IRRIGATION COMPANY and the Buckeye Water Conservation and Drainage District, a political subdivision, Appellees.

Supreme Court of Arizona, In Banc.

April 24, 1978.

Attorney(s) appearing for the Case

Treon, Warnicke, Dann & Roush, P.A. by Richard T. Treon, Andrews, Marenda & Moseley, P.A. by William S. Andrews, Dennis P. Turnage, Phoenix, for appellant.

Jennings, Strouss & Salmon by Michael A. Beale, Phoenix, for appellees.

CAMERON, Chief Justice.

This is an appeal by the plaintiff from the granting of a motion for summary judgment. Defendant had moved for dismissal pursuant to Rule 12(b)(6) of the Rules of Civil Procedure, 16 A.R.S., and the trial court treated the motion as a motion for summary judgment pursuant to Rule 56 of the Rules.

We must answer only one question on appeal: Does the previous case of Salladay v. Old Dominion...

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