Pima County v. American Smelting & Refining Co.

OPINION

HATHAWAY, Chief Judge.

Appellants have appealed from a judgment entered against them upon appellee’s motion for summary judgment.

American Smelting & Refining Company, a New Jersey corporation, hereinafter called ASARCO or the plaintiff, filed a complaint in the Superior Court of Pima County seeking to recover from Pima County, property taxes paid under protest, as follows:

TAX YEAR AMOUNT

1969 $109,335.40

1970 125,837.60

1971 135,145.56

1972 (first half) 72,297.96

$442,616.52

together with interest at the rate of 6% per annum from the date of each payment and costs.

The action was filed…