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MERIDIAN DITCH CO. v. KOOSHAREM IRR. CO.

No. 17840.

660 P.2d 217 (1983)

MERIDIAN DITCH COMPANY, INC., a Utah corporation, Plaintiff and Respondent, v. KOOSHAREM IRRIGATION COMPANY and Dee C. Hansen, State Engineer of the State of Utah, Defendants and Appellants. MERIDIAN DITCH COMPANY, INC., a Utah corporation, Plaintiff and Respondent, v. KOOSHAREM IRRIGATION COMPANY, a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

February 16, 1983.

Attorney(s) appearing for the Case

Joseph Novak, David L. Wilkinson, Atty. Gen., Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for defendants and appellants.

Ken Chamberlain, Richfield, for plaintiff and respondent.

HALL, Chief Justice:

In this action to have the State Engineer's determination of the extent of plaintiff Meridian Ditch Company, Inc.'s (hereinafter Meridian) water rights in Otter Creek affirmed and amplified, defendant Koosharem Irrigation Co. (hereinafter Koosharem) appeals an adverse summary judgment on the grounds that genuine issues of material fact raised in the pleadings preclude the entry of summary judgment, and that the order is irreconcilable with the...

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