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IN RE LATSIS' ESTATE

No. 7954.

3 Utah 2d 365 (1955)

284 P.2d 479

ESTATE OF JAMES JOHN LATSIS (SOMETIMES KNOWN AS "LATSES"), DECEASED.

Supreme Court of Utah.

May 28, 1955.

Attorney(s) appearing for the Case

White, Wright & Arnovitz, Gustin, Richards & Mattsson, James W. Beless, Jr., Salt Lake City, for appellant.

Moss & Hyde, Mulliner, Prince & Mulliner, Salt Lake City, for respondents.

Pugsley, Hayes & Rampton, Alton Lund, Richard L. Bird, Jr., Lewis S. Livingston, Franklin Riter, H.P. Thomas, Fabian, Clendenin, Moffat & Mabey, Backman, Backman & Clark, Salt Lake City, amici curiae.

CROCKETT, Justice.

The former opinion in this case, 2 Utah.2d 160, 270 P.2d 971, is now before us on rehearing. Upon careful re-examination of that decision and the record upon which it was based we here reaffirm the principles of law stated there (1) that counsel appointed to represent absent heirs has not the power of an attorney in fact to bind the heirs by his own action, and (2) that a...

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