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HEBER VALLEY TRUCK v. UTAH COAL & ENERGY

No. 16485.

611 P.2d 389 (1980)

HEBER VALLEY TRUCK, INC., Plaintiff and Appellant, v. UTAH COAL AND ENERGY, INC., Defendant and Respondent.

Supreme Court of Utah.

April 30, 1980.

Attorney(s) appearing for the Case

Terry L. Christiansen of Adkins & Christiansen, Park City, for plaintiff and appellant.

Sandra N. Peuler, Salt Lake City, for defendant and respondent.

WILKINS, Justice:

Plaintiff brought action for specific performance of a contract under which it had an exclusive franchise to carry all coal produced from defendant's coal mine to intrastate destinations, and also sought recovery of $1,271.20 for hauling coal during February, 1978, pursuant to said contract. After a trial on the merits, the District Court for Summit County, sitting without a jury, entered judgment for defendant, declaring the contract unenforceable...

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