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SWASEY v. ROCKY POINT DITCH CO.

No. 16507.

617 P.2d 375 (1980)

Lucius R. SWASEY, George L. Swasey and John A. Swasey, Plaintiffs and Appellants, v. ROCKY POINT DITCH COMPANY, a corporation, Melvin J. Abbott, Howard M. Cowan, Harvey Gee, Kipp Merkley, John Munz, Lloyd Remund et al., Defendants and Respondents.

Supreme Court of Utah.

September 4, 1980.

Attorney(s) appearing for the Case

M. Dayle Jeffs of Jeffs & Jeffs, Provo, for plaintiffs and appellants.

E. Craig Smay of Berman & Giauque, Park City, for defendants and respondents.

MAUGHAN, Justice:

Plaintiffs initiated this action to secure injunctive relief and damages against defendant, a mutual ditch company.1 Defendant counterclaimed, seeking a declaration of its obligation to plaintiffs under the company's articles of incorporation and the laws of this state. The matter was tried before the court and all issues were determined adversely to plaintiffs' claims. The judgment...

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