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OREM CITY CORPORATION v. TRACY

No. 8767.

7 Utah 2d 319 (1958)

324 P.2d 1011

OREM CITY CORPORATION, A MUNICIPAL CORPORATION, PLAINTIFF AND APPELLANT, v. JOSEPH M. TRACY, STATE ENGINEER, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 30, 1958.

Attorney(s) appearing for the Case

Hugh V. Wentz, Provo, for appellant.

E.R. Callister, Jr., Atty. Gen., Robert B. Porter, Jr., Asst. Atty. Gen., A. Pratt Kesler, U.S. Dist. Atty., Fisher Harris, Salt Lake City, Christensen, Novak & Paulson, Provo, for respondents.

WORTHEN, Justice.

Appellant, Orem City Corporation, appeals from an order dismissing its complaint with prejudice on the ground that it failed to state a claim upon which relief could be granted.

On the 22nd of May, 1956, Orem City Corporation, a municipal corporation, filed an application with the State Engineer of the State of Utah, designated application number 28194, whereby it made application to appropriate 9.33 second feet of water for municipal purposes...

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