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JOHNSON v. MOUNT OGDEN ENTERPRISES, INC.

No. 11502.

460 P.2d 333 (1969)

23 Utah 2d 169

Russell JOHNSON and Helen M. Johnson, Plaintiffs and Respondents, v. MOUNT OGDEN ENTERPRISES, INC., a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

October 30, 1969.

Attorney(s) appearing for the Case

Froerer, Horowitz, Parker, Richards, Thornley & Critchlow, Richard Richards, Ogden, for appellant.

C.C. Patterson, Ogden, for respondents.

TUCKETT, Justice:

The plaintiffs commenced this action seeking to recover damages against the defendant for trespass, malicious prosecution and for maintaining a nuisance. The trial court awarded the plaintiffs $250 for wrongfully obtaining an injunction referred to in the briefs of the parties as malicious prosecution. The court also awarded plaintiffs judgment in the sum of $200 for trespass upon the plaintiffs' property, which item is not contested on appeal. The...

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