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SCHNEITER v. MIDVALE CITY

No. 13224.

514 P.2d 1288 (1973)

30 Utah 2d 170

George SCHNEITER et al., Plaintiffs and Respondents, v. MIDVALE CITY et al., Defendants and Appellants.

Supreme Court of Utah.

October 17, 1973.

Attorney(s) appearing for the Case

Ben G. Bagley, Midvale, for defendants and appellants.

Gordon A. Madsen, Robert C. Cummings, Salt Lake City, for plaintiffs and respondents.

TUCKETT, Justice:

The defendants appeal from a summary judgment entered in favor of the plaintiffs.

Plaintiffs commenced these proceedings in equity seeking to have declared null and void a lease entered into between Midvale City and Dan R. Fogle Red-E-Mix Company. Plaintiffs claim that the lease is ultra vires and contrary to public policy. The Dan R. Fogle Red-E-Mix Company is engaged in the business of selling sand, and gravel and other rock products. The...

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