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WALKER DRUG CO., INC. v. LA SAL OIL CO.

No. 970270.

972 P.2d 1238 (1998)

WALKER DRUG COMPANY, INC., a Utah corporation, Jack and Lorraine Walker, Plaintiffs and Appellants, v. LA SAL OIL COMPANY and Rio Vista Oil, Ltd., Defendants and Appellees.

Supreme Court of Utah.

December 22, 1998.

Attorney(s) appearing for the Case

J. Kamper Will, Dana L. Eismeier, Englewood, Colorado, J. Michael Bailey, Salt Lake City, for plaintiffs.

H. James Clegg, Julianne P. Blanch, Salt Lake City, for defendant Rio Vista.

J. Michael Hansen, Claudia F. Berry, Salt Lake City, for defendant La Sal.

STEWART, Justice:

Walker Drug Co., Inc., Jack Walker, and Loraine Walker (collectively "the Walkers") appeal from the trial court's final judgment on their complaint alleging nuisance and trespass. The Walkers complain that the trial court misinterpreted our prior opinion in this case, Walker Drug Co. v. La Sal Oil Co., 902 P.2d 1229 (Utah 1995) (Walker Drug I), and as a result excluded evidence relevant to their claims, declined to instruct the jury...

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