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DUPLER v. YATES

No. 9048.

10 Utah 2d 251 (1960)

351 P.2d 624

JOSEPH H. DUPLER, L. HOWARD MARCUS, B.M. ROE AND DAVID I. ZINIK, PLAINTIFFS AND APPELLANTS, v. MAURICE YATES, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

April 25, 1960.

Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Samuel Bernstein, Salt Lake City, for appellants.

Gustin, Richards & Mattsson, Halliday & Halliday, Salt Lake City, for respondent.

CALLISTER, Justice.

Plaintiffs filed this action on October 21, 1957, to recover damages from the defendant for alleged fraud and deceit and breach of a fiduciary relationship. Upon motion of the defendant, plaintiffs' original complaint was dismissed with leave to amend. An amended complaint was filed and defendant, without filing an answer, made motions to dismiss and for summary judgment. The latter motion was granted and judgment entered accordingly. Plaintiffs...

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