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OREGON SHORT LINE RAILROAD COMPANY v. MURRAY CITY

No. 8122.

2 Utah 2d 427 (1954)

277 P.2d 798

OREGON SHORT LINE RAILROAD COMPANY, A CORPORATION, AND UNION PACIFIC RAILROAD COMPANY, A CORPORATION, PLAINTIFFS AND RESPONDENTS, v. MURRAY CITY, A MUNICIPAL CORPORATION, DEFENDANT AND APPELLANT, STATEWIDE PLUMBING AND HEATING COMPANY, INC., A CORPORATION, DEFENDANT.

Supreme Court of Utah.

December 10, 1954.

Attorney(s) appearing for the Case

Wendell Day, City Atty., Murray, Fabian, Clendinin, Moffat & Mabey, Salt Lake City, for appellant.

Marvin J. Bertoch, M.J. Bronson, A.U. Miner, Bryan P. Leverich, Howard F. Coray, Salt Lake City, for respondents.

McDONOUGH, Chief Justice.

This is a dispute over the ownership of a strip of land eleven city blocks long and approximately four rods wide within the corporate limits of Murray City. Its arrival in this court has been presaged by a series of quarrels between the railroad and the city, dating at least from 1919, usually occasioned by the city's installation of public improvements and apparently settled in a manner unsatisfactory to both parties. When Murray City began...

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