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438 MAIN STREET v. EASY HEAT, INC.

No. 20010629.

99 P.3d 801 (2004)

2004 UT 72

438 MAIN STREET, a Utah general partnership, and Rainbow Trout, Inc., dba Pop Jenk's, a Utah corporation, Plaintiffs and Appellant, v. EASY HEAT, INC., a Delaware corporation; Heron Cable Industries, a Canadian corporation; PK Supply, a California corporation; Alpine Electric, Inc., a Utah corporation; Deseret Roofing, a Utah corporation; Moon Roofing, a Utah corporation; Melva Garcia, a resident of the State of Arizona; Dion Hale, a resident of the State of Utah; Quality Interiors, Inc., a Utah corporation, Defendants and Appellee.

Supreme Court of Utah.

August 24, 2004.

Attorney(s) appearing for the Case

Richard A. VanWagoner, Andrew M. Morse, David F. Mull, Salt Lake City, for plaintiff 438 Main Street.

John A. Anderson, Matthew D. Moscon, Salt Lake City, for defendant Easy Heat, Inc.

DURRANT, Justice:

¶ 1 This case involves an appeal from a district court's grant of a rule 41(b) motion to dismiss. Because the district court did not err in considering part of the defendant's evidence when ruling on the motion, and because the district court's findings of fact are not clearly erroneous, we affirm.

BACKGROUND

¶ 2 At approximately 1:30 on the morning of June 15, 1993, a fire broke out in the 436 Main Street building in...

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