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BADGER v. BROOKLYN CANAL CO.

No. 940623.

922 P.2d 745 (1996)

Wesley BADGER, Ray Greenwood, Clay C. Paxton, Utah Land Inc., Kip Nielsen, John M. Lefevre, Thomas M. Lefevre, Susie Barney, Lorene B. Leak, Albert Lefevre, Grant Lefevre, Max A. Hintze, Carol Breinholt, Cornell Henrie, Mary Ann Curtis, and Jerry B. Lewis, Plaintiffs and Appellants, v. BROOKLYN CANAL COMPANY and Robert L. Morgan, State Engineer, Defendants and Appellees.

Supreme Court of Utah.

July 23, 1996.

Attorney(s) appearing for the Case

Paul M. Durham, G. Richard Hill, J. Mark Gibb, Salt Lake City, for plaintiffs.

Ken Chamberlain, Richfield, for Brooklyn Canal Co., Jan Graham, Att'y Gen., Michael M. Quealy, John H. Mabey, Jr., Asst. Att'ys Gen., Salt Lake City, for State Engineer.

STEWART, Associate Chief Justice:

This case is before us on appeal from the district court's review of a decision issued by the State Engineer. The State Engineer approved Brooklyn Canal Company's ("Brooklyn") application for a change in its diversion point on the Sevier River. Incident to an application for de novo review, the district court granted Brooklyn's motion for summary judgment against various plaintiffs who asserted claims either as shareholders in Brooklyn...

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