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UTAH OIL CO. v. HARRIS

No. 14758.

565 P.2d 1135 (1977)

UTAH OIL COMPANY and Floyd E. Benton, Plaintiffs and Appellants, v. J.D. HARRIS, dba Harris Truck and Equipment Company, Gibbons and Reed Co., a corporation, State of Utah, by and through its Road Commission, Kenneth V. Connary and Olive Connary, Defendants and Respondents.

Supreme Court of Utah.

June 17, 1977.

Attorney(s) appearing for the Case

Ronald C. Barker, Salt Lake City, for plaintiffs and appellants.

Darwin C. Hansen, Bountiful, Robert B. Hansen, Atty. Gen., Leland D. Ford, Asst. Atty. Gen., Richard L. Bird, Jr., Bryce E. Rowe, Salt Lake City, George K. Fadel, Bountiful, for defendants and respondents.

HALL, Justice:

This appeal arises out of the dismissal with prejudice of a suit for damages for the destruction of a right-of-way, the same having been filed March 20, 1974, followed by the filing of appropriate responsive pleadings, motions, discovery, and ultimate pre-trial setting on September 12, 1974, at which time the pre-trial hearing was stricken by reason of a compromise settlement reached. Included in the order striking the pre-trial was the further provision...

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