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HERROD v. WILSHIRE INS. CO.

Case No. 1:09 CV 109.

737 F.Supp.2d 1312 (2010)

Catherine HERROD and Alan Parkinson as guardians ad litem for Scott Herrod, Taylor Herrod, Elizabeth Herrod, minors, Catherine Herrod, Niles Herrod, and Janet Herrod, Plaintiffs, v. WILSHIRE INSURANCE CO., Defendant, v. Espenschied Transport, Corp., a Utah corporation and Dats Trucking, Inc., Third-party Defendants.

United States District Court, D. Utah, Central Division.

August 5, 2010.

Attorney(s) appearing for the Case

Karra J. Porter, Kelly H. MacFarlane, Christensen & Jensen P.C., Salt Lake City, UT, for Plaintiffs.

Nelson T. Abbott, Abbott & Associates, Peter Lence Lattin, Law Offices of Peter Lence Lattin, Provo, UT, for Defendant.

L. Rich Humpherys, Christensen & Jensen P.C., Salt Lake City, UT, for Plaintiffs/Third-party Defendants.

Terry M. Plant, Plant Christensen & Kanell, Salt Lake City, UT, for Third-party Defendants.

MEMORANDUM DECISION AND ORDER

DEE BENSON, District Judge.

The plaintiffs and defendant Wilshire Insurance Company both move for summary judgment. The court heard oral argument on the cross-motions on April 28, 2010. L. Rich Humpherys appeared as counsel for the plaintiffs and Nelson Abbott appeared as counsel for defendant Wilshire Insurance. At the conclusion of oral argument, the court granted the parties additional time to brief issues raised during the...

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