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MORTON INTERNAT'L, INC. v. SOUTHERN PAC. TRANSP. CO

No. 12557.

495 P.2d 31 (1972)

27 Utah 2d 256

MORTON INTERNATIONAL, INC., a corporation, Plaintiff and Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Defendant and Respondent, Hardy Salt Company, a corporation, Amicus Curiae, Solar Salt Company, a corporation, Amicus Curiae.

Supreme Court of Utah.

March 14, 1972.

Attorney(s) appearing for the Case

Hardin A. Whitney, Jr., and John W. Horsley, of Moyle, Whitney & Horsley, Salt Lake City, Frank A Wollaeger, and Paul D. Frenz, of McBride, Baker, Weinke & Schlosser, Chicago, Ill., for plaintiff appellant.

Haldor T. Benson, and James R. Amschler, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for defendant-respondent.

J. Thomas Greene, Gifford W. Price, of Cannon, Greene & Nebeker, Salt Lake City, for Hardy Salt Co.

Frank J. Allen, of Clyde, Mecham & Pratt, Salt Lake City, for Solar Salt Co., amici curiae.

HENRIOD, Justice:

Appeal from a summary judgment dismissing Morton's complaint that asked for an injunction and damage incident to the defendant railroad's construction of a rock and earth causeway across part of Great Salt Lake pursuant to an easement granted by the State of Utah for such purpose in August 1956. Affirmed with costs to the railroad.

Morton and its predecessors have diverted lake waters to capture salt in solution by evaporative precipitation...

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