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STATE, ROAD COMMISSION v. THOMPSON

No. 10308.

17 Utah 2d 412 (1966)

413 P.2d 603

STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND RESPONDENT, v. POLLY THOMPSON ET AL., DEFENDANTS, UTAH POWER AND LIGHT COMPANY AND MORGAN GUARANTY TRUST COMPANY OF NEW YORK, DEFENDANTS AND APPELLANTS. A.P. NEILSON, ET UX., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

April 25, 1966.

Attorney(s) appearing for the Case

F. Gerald Irvine, Roberts B. Porter, Jr., Salt Lake City, for appellants.

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Allan M. Lipman, Jr., Salt Lake City, for respondents.

McDONOUGH, Justice:

The State Road Commission sued to condemn several tracts of land in the vicinity of Redwood Road and Second South Streets in Salt Lake City. One of these tracts, 1.41 acres, lying between the tracks of the Salt Lake and Los Angeles Railroad and those of the Western Pacific is the subject of this appeal. Ownership of it is claimed by the defendant Utah Power and Light Company and the defendants, A.P. Neilson and his wife, Lilly M. Neilson.

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