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UTAH POWER AND LIGHT COMPANY v. PATTERSON

No. 12968.

506 P.2d 51 (1973)

29 Utah 2d 123

UTAH POWER AND LIGHT COMPANY, a corporation, Plaintiff and Respondent, v. David Frank PATTERSON et al., Defendants and Appellants.

Supreme Court of Utah.

February 6, 1973.

Attorney(s) appearing for the Case

Glen E. Fuller, Orval C. Harrison, Salt Lake City, for defendants and appellants.

Parsons, Behle & Latimer, LeRoy S. Axland, Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

This is an action in eminent domain brought by the plaintiff for the purpose of acquiring rights to erect and maintain additional towers in connection with the establishment of a new transmission line.

In the year 1913 the predecessors in title and interest of the appellants entered into certain right-of-way agreements with the plaintiff's predecessor. The agreement granting an easement to the Power Company should it decide to erect and maintain...

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