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CHRISTIANSEN v. UTAH-IDAHO SUGAR CO.

No. 15751.

590 P.2d 1251 (1979)

T. Val CHRISTIANSEN, Plaintiff and Appellant, v. UTAH-IDAHO SUGAR COMPANY, a corporation, and Union Pacific Railroad, a corporation, Defendants and Respondents.

Supreme Court of Utah.

January 24, 1979.

Attorney(s) appearing for the Case

Neils E. Mortenson, of Cohne, Rappaport & Segal, Salt Lake City, for plaintiff and appellant.

Jane R. Seymour, Wilford M. Burton, of McKay, Burton, McMurray & Thurman, Salt Lake City, for defendants and respondents.

HALL, Justice:

Plaintiff appeals a summary judgment entered against him in favor of defendant Utah-Idaho Sugar Company ("U & I") in a suit for damages for the alleged breach of covenants under a special warranty deed. We reverse and remand for trial.

Certain facts are not disputed by the parties. In 1916 U & I granted an easement to the Los Angeles and Salt Lake Railroad Company ("L.A. & Salt Lake") for the purpose of a spur railroad track. Subsequently...

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