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KATZENBERGER v. STATE

No. 860020-CA.

735 P.2d 405 (1987)

Walter M. KATZENBERGER and Ruth C. Katzenberger, Plaintiffs and Appellants, v. STATE of Utah, Salt Lake City Corporation, Utah State Department of Transportation, and Western Utility Contractors, Inc., dba Westcon, Defendants and Respondents.

Court of Appeals of Utah.

Rehearing Denied June 23, 1987.

Attorney(s) appearing for the Case

David L. Wilkinson, State Atty. Gen., Steven C. Ward, Asst. Atty. Gen., for State of Utah.

Roger F. Cutler, Salt Lake City Atty., Ray L. Montgomery, Asst. City Atty., Salt Lake City, for Salt Lake City Corp.

Jackson Howard, Leslie W. Slaugh, Provo, for Westcon.

Before BENCH, GARFF and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Plaintiffs Walter and Ruth Katzenberger appeal from a summary judgment dismissing their action for reformation of a deed and from a judgment against them for trespass and intentional interference with contractual relations. We reverse the summary judgment and remand the case for trial.

In early September, 1970, plaintiffs contacted the then Utah Department of Highways, now defendant Utah Department of Transportation, to inquire...

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