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UNION PAC. R. CO. v. MOUNTAIN STATES, ETC.

No. 15872.

594 P.2d 887 (1979)

UNION PACIFIC RAILROAD COMPANY, Plaintiff and Respondent, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a corporation, Defendant and Appellant, v. SALT LAKE CITY, a Municipal Corporation, Cross-Defendant and Respondent.

Supreme Court of Utah.

April 12, 1979.

Attorney(s) appearing for the Case

Grant Macfarlane, Jr., of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for defendant and appellant.

Ronald W. Eubanks, Salt Lake City, for Union Pacific.

Roger F. Cutler, City Atty., Salt Lake City, for Salt Lake City.

CROCKETT, Chief Justice:

Defendant Mountain States Telephone and Telegraph Company appeals, seeking to reverse a declaratory judgment holding that the plaintiff Union Pacific Railroad Company has a right to maintain and use communication cables under the streets in Salt Lake City between its offices on Main Street and its depot complex on Third West.

Defendant Mountain States is the general telephone utility which has the exclusive authority to serve the intermountain...

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