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WARREN IRRIGATION COMPANY v. BROWN

No. 12620.

498 P.2d 667 (1972)

28 Utah 2d 103

WARREN IRRIGATION COMPANY, a corporation, Plaintiff and Appellant, v. Milton T. BROWN and Florence H. Brown, his wife, Defendants and Respondents.

Supreme Court of Utah.

June 26, 1972.

Attorney(s) appearing for the Case

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

Edward W. Clyde, of Clyde, Mecham & Pratt, Salt Lake City, for defendants and respondents.

CALLISTER, Chief Justice:

Plaintiff initiated this action to quiet title to a certain water right, hereinafter identified as the Skeen right. In the alternative, plaintiff sought to diminish the quantity of water to be furnished under this right and to increase the cost. Upon trial before the court, a decree was rendered declaring defendants the owners of the right and granting them damages in a sum equal to the rental fees for water that defendants had been compelled...

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