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UTAH DEPT. OF TRANSP. v. OSGUTHORPE

No. 940237.

892 P.2d 4 (1995)

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. D.A. OSGUTHORPE and the Summit County Treasurer, Defendants and Appellant.

Supreme Court of Utah.

March 9, 1995.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Donald S. Coleman, Asst. Atty. Gen., Salt Lake City, for plaintiff.

Glen E. Davies, Salt Lake City, for appellant.

HOWE, Justice:

Plaintiff Utah Department of Transportation ("UDOT") brought this eminent domain action to acquire real property from D.A. Osguthorpe for the widening of a state highway. Osguthorpe failed to comply with an order compelling discovery, and the district court entered his default. Thereafter, the court conducted a just compensation hearing and awarded Osguthorpe a judgment for $228,481. His motion to set aside the default and to vacate the judgment was...

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