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O'GARA v. FINDLAY

No. 8711.

7 Utah 2d 218 (1958)

321 P.2d 953

WARREN M. O'GARA, EXECUTOR OF THE ESTATE OF NANCY E. HIRIGARAY, DECEASED, PLAINTIFF AND APPELLANT, v. ARCHIE FINDLAY, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

February 25, 1958.

Attorney(s) appearing for the Case

Lowe & O'Gara, Salt Lake City, for appellant.

Rex W. Hardy, Salt Lake City, Wm. H. King, Clearfield, for respondent.

McDONOUGH, Chief Justice.

This case was before this court on a former appeal, O'Gara v. Findlay, 6 Utah.2d 102, 306 P.2d 1073, and a decision rendered affirming the judgment of the lower court.

Appellant O'Gara on this appeal contends the lower court erred in refusing his motion made after remittitur to strike from its decree the phrase "* * * including 12 shares of water in the Davis...

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