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NORTH UNION CANAL COMPANY v. NEWELL

No. 14238.

550 P.2d 178 (1976)

NORTH UNION CANAL COMPANY, a Utah Corporation, Plaintiff and Appellant, v. Daniel E. NEWELL and Ruth I. Newell, Defendants and Respondents.

Supreme Court of Utah.

May 11, 1976.

Attorney(s) appearing for the Case

Heber Grant Ivins, American Fork, for plaintiff and appellant.

Gerald M. Conder, of Arnovitz, Smith & Nielson, Salt Lake City, for defendants and respondents.

CROCKETT, Justice:

Plaintiff, North Union Canal Company, brought this suit to compel defendants Newell to remove a fence which they had placed along the bank of plaintiff's canal which flows through the defendants' property. From a judgment in defendants' favor plaintiff appeals, contending that the fence will interfere with its long established easement for the use and maintenance of its canal.

The North Union Canal...

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