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GILLMOR v. CUMMINGS

No. 890562-CA.

806 P.2d 1205 (1991)

Charles F. GILLMOR, Jr., Plaintiff and Appellant, v. Veigh CUMMINGS, Jeffrey K. Garlick, Janet E. Garlick, Peter Swaner, W. Allan Pelton, Timber Lakes Corporation, a Utah corporation, Valley Bank and Trust Company as trustee for the W. Allan Pelton Trust and for John Does 1 through 48, Defendants and Appellees.

Court of Appeals of Utah.

February 22, 1991.

Attorney(s) appearing for the Case

D. Gilbert Athay (argued), Salt Lake City, for plaintiff and appellant.

Bruce A. Maak, Michael M. Later (argued), Salt Lake City, for defendants and respondents Garlick, Pelton & Valley Bank.

Lowell V. Summerhays, Murray, for defendants and respondents Timberlake.

Dennis M. Astill, Salt Lake City, for defendant and respondent Valley Bank.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

Appellant Charles F. Gillmor, Jr. (Gillmor) appeals the grant of summary judgment in favor of appellees Jeffrey K. and Janet E. Garlick (the Garlicks), and W. Allan Pelton and Valley Bank and Trust Company as trustee for the W. Allan Pelton Trust (Pelton). We conclude that the summary judgment was granted prematurely because Gillmor was not given adequate time to respond to appellees' motion to strike portions of his affidavit opposing...

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