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RICHINS v. INDUSTRIAL CONSTRUCTION, INC.

Nos. 73-1957, 73-1958.

502 F.2d 1051 (1974)

William Harrison RICHINS and Amelda S. Richins, his wife, Plaintiffs-Appellees, v. INDUSTRIAL CONSTRUCTION, INC., a corporation, Defendant-Appellant. INDUSTRIAL CONSTRUCTION, INC., a corporation, Third-Party Plaintiff, v. STATE ROAD COMMISSION OF UTAH, Third-Party Defendant and Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Robert F. Orton of Nielsen, Conder, Hansen & Henriod, Salt Lake City, Utah, for plaintiffs-appellees.

John G. Marshall, Salt Lake City, Utah, for defendant-appellant.

Leland D. Ford, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., on the brief), for third-party defendant and appellant.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

The primary issue before us on this appeal is whether the defendant-appellant road contractor converted a diesel powered water pump, the property of the plaintiffs-appellees, during the course of building a highway for the State Road Commission of Utah. A segment of the highway crossed the plaintiffs-appellees' land.

Assuming the District Court correctly decided in favor of plaintiffs-appellees, was the defendant-appellant...

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