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THOMAS J. PECK & SONS, INC. v. LEE ROCK PRODUCTS, INC.

No. 13167.

515 P.2d 446 (1973)

30 Utah 2d 187

THOMAS J. PECK & SONS, INC., a Utah corporation, Plaintiff and Appellant, v. LEE ROCK PRODUCTS, INC., a Utah corporation, Defendant and Respondent.

Supreme Court of Utah.

October 30, 1973.

Attorney(s) appearing for the Case

Heber Grant Ivins, American Fork, Dallas H. Young, Jr., Provo, for plaintiff and appellant.

Jackson B. Howard of Howard, Lewis & Petersen, Provo, for defendant and respondent.

CROCKETT, Justice:

Peck, owner and lessor of a gravel pit north of Lehi, sued defendant Lee, lessee, to have the lease declared invalid and unenforceable, to restrain removal of gravel, and for damages. The district court first granted a temporary injunction against Lee, then recalled the order. On plaintiff's claim that irreparable damage was occurring, and that a final adjudication as to the status of the lease was desirable before trying the issues as to damages...

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