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HUNSAKER v. STATE

No. 12854.

509 P.2d 352 (1973)

29 Utah 2d 322

Max HUNSAKER et al., Plaintiffs and Appellants, v. The STATE of Utah, By and Through its Road Commission, and Pollard Incorporated, a Utah corporation, Defendants and Respondents.

Supreme Court of Utah.

April 9, 1973.

Attorney(s) appearing for the Case

Ronald C. Barker, Salt Lake City, for plaintiffs and appellants.

Vernon B. Romney, Atty. Gen., Leland D. Ford, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.

CALLISTER, Chief Justice:

Plaintiffs initiated this action to enjoin defendants from constructing a second lane for traffic on 3500 South in the vicinity of 5300 West in Salt Lake County and to quiet title to the disputed area against the claims of the State Road Commission. Upon trial before the court, a temporary restraining order was dissolved, and a judgment of no cause of action was rendered against plaintiffs; they appeal therefrom.

Plaintiffs are the...

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