STATE v. DENVER & RIO GRANDE WESTERN RAILROAD CO.

No. 8754.

8 Utah 2d 236 (1958)

332 P.2d 926

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND APPELLANT, v. DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, A DELAWARE CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

December 13, 1958.


Attorney(s) appearing for the Case

E.R. Callister, Jr., Atty. Gen., Walter L. Budge, Wallace B. Kelly, Asst. Attys. Gen., for appellant.

Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for respondent.


HENRIOD, Justice.

Interlocutory appeal from an order denying a motion for immediate occupancy of a 1.75 mile branch line operated by defendant, condemnation of which is sought as an adjunct to a national highway project.1 Affirmed and remanded with instructions.

Defendant's main line runs north-south through Midvale, Utah, the branch in question, called the "Little Cottonwood," running easterly therefrom, and another branch running...

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