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BAILEY SERVICE & SUPPLY CORP. v. STATE, ROAD COM'N

No. 13857.

533 P.2d 882 (1975)

BAILEY SERVICE & SUPPLY CORPORATION, a corporation, Plaintiff and Respondent, v. The STATE of Utah, By and Through its ROAD COMMISSION, Defendant and Appellant.

Supreme Court of Utah.

March 25, 1975.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Mark A. Madsen, Asst. Atty. Gen., Salt Lake City, for defendant and appellant.

Charles L. Maak, David A. Greenwood, Ray G. Martineau, Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

The State appeals from a judgment awarding damages to the plaintiff which arose out of the erection of a viaduct on Fourth South Street in Salt Lake City, Utah.

In the year 1970, the State Road Commission undertook to replace a viaduct on Fourth South Street which spanned the railroad tracks in the vicinity. About the time the street improvements were undertaken and for a number of years prior thereto, plaintiff had owned the warehouse fronting...

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