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BRIGHAM CITY SAND v. MACHINERY CENTER

No. 16325.

613 P.2d 510 (1980)

BRIGHAM CITY SAND & GRAVEL, a corporation et al., Plaintiffs and Appellants, v. MACHINERY CENTER, INC., and Vera M. Jensen et al., Defendants, Third-Party Plaintiffs and Respondents, v. R. J. HARRIS MACHINERY AND LEASING COMPANY, and R. J. Harris, Third-Party Defendants and Respondents.

Supreme Court of Utah.

June 6, 1980.

Attorney(s) appearing for the Case

Jack H. Molgard, Brigham City, for plaintiffs and appellants.

Roy G. Haslam, of Biele, Haslam & Hatch, Richard A. Rappaport, of Cohne, Rappaport & Segal, B.L. Dart, Jr., of Dart & Stegall, Salt Lake City, for respondents.

CROCKETT, Chief Justice:

Plaintiffs Brigham City Sand and Gravel, et al., seeks reversal of the dismissal of their action against defendant Machinery Center, Inc., for the return of certain machinery and equipment. The dismissal was on the ground that plaintiffs had agreed to and accepted payment for their equipment from the other defendants, Vera Jensen, et al.

Plaintiffs allege that they are the owners of the machinery...

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