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LYMAN GRAZING ASSOCIATION v. SMITH

No. 11849.

473 P.2d 905 (1970)

24 Utah 2d 443

LYMAN GRAZING ASSOCIATION, a corporation, Plaintiff and Appellant, v. George W. SMITH, Eleanor N. Smith and Keith Smith, Defendants, Third-Party Plaintiffs and Respondents, v. Charles TRIPP, Third-Party Defendant and Respondent.

Supreme Court of Utah.

July 31, 1970.

Attorney(s) appearing for the Case

E.J. Skeen, of Skeen & Skeen, Salt Lake City, for appellant.

Milton V. Backman, of Backman, Backman & Clark, Salt Lake City, for respondents.

CALLISTER, Justice:

Plaintiff initiated this action to quiet title to its ownership of two irrigation ditches located in Summit County. Plaintiff asserted that it was the owner of certain parcels of land together with an irrigation ditch known as the New Hickey Ditch, which diverts water from the west fork of Beaver Creek and then runs northerly to its confluence with the Parley Madsen Ditch. Plaintiff alleged that the defendants, the Smiths, claimed some interest...

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