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KOESTEL v. BUENA VISTA PUBLIC SERVICE CORP.

No. 2 CA-CIV 4902.

138 Ariz. 578 (1984)

676 P.2d 6

Alfred KOESTEL and Lucille I. Koestel, husband and wife, Plaintiffs/Appellees, v. BUENA VISTA PUBLIC SERVICE CORPORATION, an Arizona corporations; Stewart Title and Trust Company, as Trustee under No. 0261; Carl A. Reinhard and Emmaline L. Reinhard, husband and wife, and the marital community composed thereof; and Ralph James Snyder, Jr., Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

January 19, 1984.

Attorney(s) appearing for the Case

Muriel J. Smith, Nogales, for plaintiffs/appellees.

Hayes, Busby & McCracken, P.C. by James G. Busby and Catherine M. McCracken, Tucson, for defendants/appellants.

OPINION

HOWARD, Judge.

This is an appeal from the granting of a summary judgment in a quiet title action wherein the plaintiffs allege that they had an implied easement across land being held in trust by Stewart Title and Trust Company. Since there remain unresolved issues of material fact we reverse and remand for further proceedings.

THE FACTS

In 1958 Desert Diet, a corporation, acquired an undivided parcel of land in Santa Cruz County which...

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