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ARMWOOD v. FRANCIS

No. 9002.

9 Utah 2d 147 (1959)

340 P.2d 88

L.W. ARMWOOD AND MARY K. ARMWOOD, PLAINTIFFS AND APPELLANTS, v. WILLIAM A. FRANCIS, D/B/A UNCLE BILL'S DINNER BELL MOTEL AND CAFE, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

Concurring Opinion June 12, 1959.

Attorney(s) appearing for the Case

D.H. Oliver, Salt Lake City, for appellant.

Moreton, Christensen & Christensen, E.R. Christensen, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from a judgment dismissing plaintiffs' complaint. Affirmed, with costs to respondent.

This case was decided upon the pleadings and upon answers to interrogatories under the rules relating to discovery,1 when a motion to dismiss was granted after a pre-trial hearing. At the pre-trial, an order was entered, conceded to be accurate by counsel for both sides, as to the admitted facts stated therein and as to...

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