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PROVO CITY CORPORATION v. LAMBERT

No. 12647.

499 P.2d 1296 (1972)

28 Utah 2d 194

PROVO CITY CORPORATION, a municipal corporation of the State of Utah, Plaintiff and Appellant, v. Hubert C. LAMBERT, as State Engineer of the State of Utah, et al., Defendants and Respondents.

Supreme Court of Utah.

August 7, 1972.

Attorney(s) appearing for the Case

Richard L. Maxfield, of Maxfield, Gammon, Ellis & McGuire, Provo, O. DeVere Wootton, of Wootton & Wootton, American Fork, for plaintiff-appellant.

Joseph Novak, Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for defendants-respondents.

TUCKETT, Justice:

The plaintiff filed these proceedings for review of a decision of the State Engineer pursuant to the provisions of Section 73-3-14, U.C.A. 1953, and for a trial de novo as provided for by Section 73-3-15.

In the district court the plaintiff and the defendants filed separate motions for summary judgment. After a consideration of the motions the court granted the motion for a summary judgment filed by the defendants and denied the motion of...

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