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KANAWHA & HOCKING COAL & COKE CO. v. CARBON COUNTY

No. 13853.

535 P.2d 1139 (1975)

KANAWHA AND HOCKING COAL AND COKE COMPANY, Plaintiff and Appellant, v. CARBON COUNTY, a Municipal Corporation, and Centennial Development Company, a corporation, Defendants and Respondents.

Supreme Court of Utah.

May 6, 1975.

Attorney(s) appearing for the Case

Wallace D. Hurd, Salt Lake City, for plaintiff-appellant.

Dan C. Keller, Carbon County Atty., Price, John W. Horsley, Salt Lake City, James T. Jensen, Price, for defendants-respondents.

ELLETT, Justice:

Plaintiff initiated these proceedings in the District Court of Carbon County for the purpose of quieting its title to a tract of land in Township 13 South, Range 10 East, Salt Lake Meridian. The original suit was filed by North American Coal Corporation, and while these proceedings were pending the land was sold and conveyed to the plaintiff. By their answers both defendants admit that the plaintiff is the owner of the surface but deny that the plaintiff...

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