ST. GEORGE CITY v. KIRKLAND

No. 10398.

17 Utah 2d 292 (1966)

409 P.2d 970

ST. GEORGE CITY, A MUNICIPAL CORPORATION, PLAINTIFF AND RESPONDENT, v. STEVEN E. KIRKLAND, MELVIN ADAMS, MARION JOLLEY AND WASHINGTON CITY, A MUNICIPAL CORPORATION, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

January 20, 1966.


Attorney(s) appearing for the Case

Backman, Backman & Clark, Boyden, Tibbals, Staten & Croft, Don Stringham, Salt Lake City, for appellants.

Phil L. Hansen, Atty. Gen., Charles M. Pickett, Pickett & Pickett, St. George, Dallin Jensen, Asst. Atty. Gen., for respondent.


HENRIOD, Chief Justice.

Appeal from three cases involving the same water, but each being bottomed on a different right and theory. Affirmed in part and remanded for further proceedings to determine any genuine issues of fact. No costs awarded.

Both sides conceded on oral argument that there were fact issues that should be determined to settle disputed claims or assertions, and taking their word for it, we suggest that each side apprise the trial court of the...

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