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ROGERS v. M.O. BITNER CO.

No. 19224.

738 P.2d 1029 (1987)

William Dean ROGERS and Patricia Lee Rogers, his wife, Plaintiffs and Respondents, v. M.O. BITNER CO., Blaine B. Bitner, Westcor, Inc., a Utah corporation, Richard Johns, II, Douglas Monson, Dee Murphy, Alonzo Badger, Utah Security Mortgage, Bonneville Thrift Co., Royal K. Hunt, and John S. Davis, Defendants and Appellants. Harold H. BENNETT, Defendant, Third-Party Plaintiff and Respondent, v. M.O. BITNER CO., Blaine B. Bitner, Westcor, Inc., Richard Johns, II, Douglas Monson, Dee Murphy, Alonzo Badger, Utah Security Mortgage, Bonneville Thrift Co., Royal K. Hunt, and John S. Davis, Third-Party Defendants and Appellants.

Supreme Court of Utah.

June 15, 1987.

Attorney(s) appearing for the Case

Raymond Hintze, Salt Lake City, for defendants and appellants.

Paul Belnap, Craig Cook, Salt Lake City, for cross-claimant and respondent.

George Sutton, Susan Pixton, Salt Lake City, for plaintiffs and respondents.

DURHAM, Justice:

M.O. Bitner Company (Bitner Company) appeals from a district court decision holding it liable to William and Patricia Rogers and Harold H. Bennett (Rogers and Bennett). The Rogers and Bennett claims are factually discrete and will be treated separately. An issue concerning the trial court's denial of a mistrial motion purportedly made by Bitner Company on the basis of a conflict of interest is common to both the Bennett's and Rogers' claims and will...

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