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GREEN DITCH WATER COMPANY v. SALT LAKE CITY

No. 9795.

15 Utah 2d 224 (1964)

390 P.2d 586

GREEN DITCH WATER COMPANY, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. SALT LAKE CITY, A MUNICIPAL CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 23, 1964.

Attorney(s) appearing for the Case

James E. Faust, Salt Lake City, for appellant.

Homer Holmgren, City Atty., Norman Kettner, Asst. City Atty., Salt Lake City, for respondent.

HENRIOD, Chief Justice, and CALLISTER, Justice:

Appeal from a judgment dismissing plaintiff's complaint. Affirmed, with no costs awarded.

Plaintiff was and is a mutual water company, incorporated in 1915 to distribute its decreed water under the so-called Morse Decree1 to its shareholders. In 1916 the Secretary of State forfeited plaintiff's charter for nonpayment of franchise taxes. In 1920, most of the shareholders, as owners...

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