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SUGARHOUSE MERCANTILE CO. v. SALT LAKE COUNTY ET AL.

No. 7487.

119 Utah 234 (1950)

225 P.2d 1050

SUGARHOUSE MERCANTILE CO. v. SALT LAKE COUNTY et al.

Supreme Court of Utah.

Decided December 26, 1950.

Attorney(s) appearing for the Case

Golden W. Robbins, Salt Lake City, for appellant.

Edward M. Morrissey, Co. Atty., Salt Lake County, William S. Livingston, Asst. Co. Atty., Salt Lake County, and Mary J. Condas, all af Salt Lake City, for respondent.

PER CURIAM.

This case is controlled by our decision in the case of Toronto v. Sheffield, 118 Utah. 460, 222 P.2d 594, in which Section 104 — 2 — 5.10, Laws of Utah 1943, was held to be unconstitutional.

The judgment is reversed and the cause remanded with instructions to grant a new trial wherein defendants may present their claims for the amounts they have paid...

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