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HARDY SALT COMPANY v. SOUTHERN PACIFIC TRANS. CO.

Nos. 73-1714 to 73-1716.

501 F.2d 1156 (1974)

HARDY SALT COMPANY, Plaintiff-Appellant, Sanders Brine Shrimp Company, Plaintiff-Appellant, Morton-Norwich Products, Inc., Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Defendant-Appellee, Great Salt Lake Minerals & Chemicals Corporation, Intervenor-Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 26, 1974.

As Amended on Denial of Rehearing September 27, 1974.

Attorney(s) appearing for the Case

J. Thomas Greene, Salt Lake City, Utah (Gifford W. Price of Greene & Nebeker, Salt Lake City, Utah, and F. William McCalpin, St. Louis, Mo., of counsel, were on the brief), for plaintiff-appellant Hardy Salt Co.

Frank J. Allen of Clyde, Mecham & Pratt, Salt Lake City, Utah, for plaintiff-appellant Sanders Brine Shrimp Co.

Frank A. Wollaeger, Chicago, Ill. (Hardin A. Whitney and John W. Horsley of Moyle & Draper, Salt Lake City, Utah, and Paul D. Frenz of McBride, Baker, Wienke & Schlosser, Chicago, Ill., were on the brief), for plaintiff-appellant Morton-Norwich Products, Inc.

Clifford L. Ashton, Salt Lake City, Utah (Haldor T. Benson, Salt Lake City, Utah, was on the brief), for defendant-appellee Southern Pacific Transportation Co.

Claron C. Spencer, Salt Lake City, Utah (Richard G. Allen of Senior & Senior, Salt Lake City, Utah, was on the brief), for intervenor-defendant-appellee Great Salt Lake Minerals & Chemicals Corp.

Amici curiae, The United States of America and The State of Utah submitted briefs.

Before DURFEE, Senior Judge, and HOLLOWAY and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

These consolidated appeals seek reversal of a judgment of the District Court dismissing the appellants' actions for damages and injunctive relief for injuries claimed to result from the construction and operation of a causeway across the Great Salt Lake of Utah by appellee Southern Pacific Transportation Company.

In 1956 the State of Utah granted Southern Pacific an easement across the Lake for railroad purposes. In 1959 Southern Pacific...

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