BAINUM v. MACKAY

No. 9975.

15 Utah 2d 295 (1964)

391 P.2d 436

MARVIN L. BAINUM, PETITIONER AND RESPONDENT, v. J. REX MACKAY ET AL., APPELLANTS.

Supreme Court of Utah.

April 28, 1964.


Attorney(s) appearing for the Case

McBroom & Hyde, Salt Lake City, for petitioner and respondent.

Brayton, Lowe & Hurley, Salt Lake City, for appellants.


HENRIOD, Chief Justice.

Appeal from a judgment permitting Bainum to take depositions before action commenced, under Rule 27(a) Utah Rules of Civil Procedure. Reversed, with instructions to dismiss the petition. Costs to appellants.

Appeal was taken August 15, 1963, and appellants' brief was filed on September 17, 1963. Bainum's counsel failed to file any brief at all, and did not appear at oral argument before this court on April 24, 1964.

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