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HOLMGREN v. UTAH-IDAHO SUGAR CO.

No. 15098.

582 P.2d 856 (1978)

Douglas N. HOLMGREN, Keith N. Anderson, Robert M. Brough, Ted W. Burt, Mich Fukui, Alvin R. Jeppson, Oleen Nelson, J. Glen Nelson, Milton L. Roche, Ross Rudd, David R. Waldron and George Crozier, Jr., on behalf of themselves and all others similarly situated, Plaintiffs and Respondents, v. UTAH-IDAHO SUGAR COMPANY, a Utah Corporation, and Bear River Canal Company, Inc., a Utah Corporation, Defendants and Appellants.

Supreme Court of Utah.

July 28, 1978.

Attorney(s) appearing for the Case

Wilford M. Burton and Macoy A. McMurray of McKay, Burton, McMurray & Thurman, Salt Lake City, for defendants and appellants.

Edward W. Clyde and Elliott Lee Pratt of Clyde & Pratt, Salt Lake City, for plaintiffs and respondents.

WILKINS, Justice:

This is a class action by which plaintiffs, representing a class of water users numbering in excess of 1,600, sought declaratory judgment determining their rights under certain "deeds of perpetual water rights" issued to members of the plaintiff class by Defendant Utah-Idaho Sugar Company, pursuant to contracts entered into between said members of the class and said defendant. From judgment entered by the District Court, Box Elder County, in favor...

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