HAYS, Justice.
This appeal arises out of an action in contract and tort filed against Clements Realty and others. The trial court granted summary judgment on counts II and III of the amended complaint against all defendants. An appeal was filed by defendants Clements Realty, a corporation, Jonathan Haas and Western Surety. Subsequently, pursuant to stipulation, the appeals of all defendants except Haas were dismissed. Thereafter, another stipulation was entered dismissing...
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