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ELEOPULOS v. McFARLAND AND HULLINGER, LLC

No. 20050302-CA.

145 P.3d 1157 (2006)

2006 UT App 352

Thomas ELEOPULOS and Cathy Atkin, Plaintiffs and Appellants, v. McFARLAND AND HULLINGER, LLC, and Does I-X, Defendants and Appellee.

Court of Appeals of Utah.

August 31, 2006.

Attorney(s) appearing for the Case

Gregory J. Sanders, Kipp & Christian, Salt Lake City, for Appellants.

Rosemary J. Beless and P. Bruce Badger, Fabian & Clendenin, Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Plaintiffs Thomas Eleopulos and Cathy Atkin appeal the district court's ruling granting Defendant McFarland and Hullinger, LLC's Motion for Summary Judgment. We affirm.

BACKGROUND

¶ 2 Cathy and Patsy Atkin1 are sisters and beneficiaries of the Morley T. Atkin Trust (the Trust). The Trust, which owned a piece of real property containing a gravel pit,2

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