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HURST v. HIGHWAY DEPARTMENT OF THE STATE OF UTAH

No. 10089.

16 Utah 2d 153 (1964)

397 P.2d 71

THOMAS G. HURST AND LOUISE V. HURST, HIS WIFE, PLAINTIFFS AND APPELLANTS, v. HIGHWAY DEPARTMENT OF THE STATE OF UTAH, AND ROBERT V. BURGRAFF CONSTRUCTION COMPANY, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

December 7, 1964.

Attorney(s) appearing for the Case

Howard & Lewis, Jerry G. Thorn, Provo, for appellants.

A. Pratt Kesler, Atty. Gen., Joseph S. Knowlton, F. Robert Bayle, Salt Lake City, for respondents.

CROCKETT, Justice.

The plaintiffs Hurst sued the Utah Department of Highways and Burgraff Construction Company, asking for injunctive relief and for damages because of the operation of a gravel pit near plaintiffs' home in Orem, Utah.

The district court granted the motion of the Department of Highways to dismiss the complaint1 as to it on the ground of sovereign immunity.2 Plaintiffs appeal.

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