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KEMPER v. CLARITE BATTERY

No. 8124.

2 Utah 2d 280 (1954)

272 P.2d 194

KEMPER ET AL. v. CLARITE BATTERY, INC.

Supreme Court of Utah.

July 9, 1954.

Attorney(s) appearing for the Case

Sandgren & Blackham, S.E. Blackham, Provo, for appellant.

Stewart, Cannon & Hanson, Don J. Hanson, Salt Lake City, for respondent.

CROCKETT, Justice.

The material facts of this case are substantially the same as those of Bunting Tractor Co., Inc. v. Emmett D. Ford Contractors, Inc., 2 Utah.2d 275, 272 P.2d 191, published above, except that defendant had not filed its cost bond before the motion to dismiss was made but proffered one immediately thereafter. In this case the trial court dismissed the action "without prejudice...

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