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BIG COTTONWOOD TANNER D. v. SALT LAKE CITY

No. 860045-CA.

740 P.2d 1357 (1987)

BIG COTTONWOOD TANNER DITCH COMPANY, a corporation, Plaintiff and Appellant, v. SALT LAKE CITY, a municipal corporation, Defendant and Respondent.

Court of Appeals of Utah.

Rehearing Denied October 13, 1987.

Attorney(s) appearing for the Case

James R. Brown, Jardine, Linebaugh, Brown & Dunn, Salt Lake City, for plaintiff and appellant.

Ray L. Montgomery, Asst. City Atty., Salt Lake City, for defendant and respondent.

Before BILLINGS, GARFF and JACKSON, JJ.

OPINION

GARFF, Judge:

This is an appeal by Big Cottonwood Tanner Ditch Company (Company) from a declaratory judgment granted in favor of Salt Lake City (City) interpreting two agreements. The trial court found the City responsible for maintenance of the "mains," and the Company responsible for maintenance of the individual service lines and private lines from main to meter.

On January 2, 1920, the Company and the City entered into an agreement to...

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