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UNION PACIFIC RAILROAD COMPANY v. TRUSTEES, INC.

No. 8762.

8 Utah 2d 101 (1958)

329 P.2d 398

UNION PACIFIC RAILROAD COMPANY, PLAINTIFF AND APPELLANT, v. TRUSTEES, INC., AND JEAN C. CRANMER, THOMAS D. BRADEN AND EDWARD G. KNOWLES, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 13, 1958.

Attorney(s) appearing for the Case

F.E. Barnett, New York City, W.R. Rouse, Omaha, Neb., Covington Hardee, New York City, Bryon P. Leverich, M.J. Bronson, Salt Lake City, for appellant.

Senior & Senior, Kline D. Strong, Salt Lake City, for respondents.

HENRIOD, Justice.

Appeal from a judgment 1) declaring ultra vires a resolution of plaintiff's directors, authorizing a $5,000 contribution of corporate funds to the Union Pacific Railroad Foundation, a non-profit corporation organized by plaintiff, dedicated to charitable, scientific, religious or educational purposes, and declaring 2) that the plaintiff was powerless statutorily or charter-wise to make contributions for the public welfare or for charitable, scientific...

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