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EWELL BY AND THROUGH EWELL v. U.S.

Civ. No. C-81-0753W.

579 F.Supp. 1291 (1984)

Tracy EWELL, By and Through her guardian Gene EWELL, Plaintiff, v. The UNITED STATES of America, the Bureau of Land Management of the United States Department of Interior, Glen Otten, Ella Rae Otten, Utah County, a body politic, and Gordon Swan, dba Swan's Market, Defendants.

United States District Court, D. Utah, C.D.

January 13, 1984.

Attorney(s) appearing for the Case

Richard B. Johnson, Provo, Utah, for plaintiff.

Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, Reid W. Nielsen, Regional Sol., U.S. Dept. of Interior, Salt Lake City, Utah, for Federal defendants.

Boyd L. Park, Christopher B. Cannon, Provo, Utah, for defendant Gordon Swan dba Swan's Market.

David H. Epperson, Salt Lake City, Utah, Guy Burningham, Deputy Utah County Atty., Provo, Utah, for defendant Utah County.

D. John Musselman, Provo, Utah, for defendant Leon and Leaun Otten.

Richard M. Taylor, Spanish Fork, Utah, for defendant Sheldon Hathaway.

MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

The defendants United States of America and Utah County filed motions for summary judgment which were argued orally on October 14, 1983. Prior to the hearing, the court read the memoranda on file and the relevant authorities. After oral argument, the court took the matter under advisement and has since reviewed the memoranda and relevant authorities. Based on the foregoing, the court renders the following...

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