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UNITED STATES v. O'BLOCK

No. 84-1854.

788 F.2d 1433 (1986)

UNITED STATES of America, Plaintiff-Appellee, Kern W. Schumacher and Morris H. Kulmer, d/b/a Freeport West, Plaintiffs-in-Intervention-Appellees, v. Robert P. O'BLOCK, Gordon M. Olch, d/b/a Freeport Center Associates; and James F. Hannan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 17, 1986.

Attorney(s) appearing for the Case

Daniel L. Berman (Thomas R. Karrenberg and Peggy A. Tomsic with him on brief), Berman & Anderson, Salt Lake City, Utah, for defendants-appellants.

Jay D. Gurmankin (Christopher M. Mislow with him on brief), Giauque & Williams, Salt Lake City, Utah, for plaintiffs-in-intervention-appellees Kern W. Schumacher and Morris H. Kulmer, d/b/a Freeport West.

Joseph W. Anderson (Brent D. Ward, U.S. Atty. with him on brief), Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellee U.S.

Before BARRETT, SEYMOUR and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This appeal concerns the extent and reasonableness of a restriction on the use of an easement. The servient tenants (defendants-appellants Robert P. O'Block and Gordon M. Olch, d/b/a Freeport Center Associates, and James F. Hannan, sometimes referred to collectively as Freeport Center) erected a fence down the length of Seventh Street, the site of the easement. Two of the dominant tenants (plaintiffs-appellees United States (government) and...

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