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TIMM v. DEWSNUP

No. 950073.

921 P.2d 1381 (1996)

Louis L. TIMM, John Neiuwland, and Floyd M. Childs, trustees of United Precision Machine and Engineering Company Profit Sharing Trust; ABCO Insurance Agency, Inc., a Utah corporation; and Joseph L. Henriod, trustee for the Annette Jacob Trust, Plaintiffs and Appellees, v. T. LaMar DEWSNUP and Aletha Dewsnup; Arrow Investment Co., a limited partnership; The Federal Land Bank of Berkeley; Imperial Land Title Inc., as trustee, and Eugene L. Carson and Elaine Carson as beneficiaries; Stringham, Mazuran, Larsen & Sabin, a professional corporation; Mineral Fertilizer Co., Inc.; and Harry V. Kaps, Defendants and Appellants.

Supreme Court of Utah.

August 13, 1996.

Attorney(s) appearing for the Case

Michael Z. Hayes, Lisa G. Romney, Salt Lake City, for Timm, Neiuwland, Childs, and United Precision Machine and Engineering Company Profit Sharing Trust.

Russell A. Cline, Salt Lake City, for Dewsnups and Arrow Investment.

RUSSON, Justice:

This matter comes before us for the second time. The first appeal resulted in remand to the trial court for further consideration. Timm v. Dewsnup, 851 P.2d 1178 (Utah 1993) (Timm I). Defendant Aletha Dewsnup1 now appeals the trial court's (1) denial of her motion to reconsider summary judgment, (2) denial of her motion to amend her counterclaim, (3) dismissal of her counterclaim...

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