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KINSLEY v. LARSEN

No. 10339.

18 Utah 2d 170 (1966)

417 P.2d 667

DAISY HELEN KINSLEY, SOMETIMES KNOWN AS HELEN D. KINSLEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF OTHO V. KINSLEY, AKA OTHO VERNE KINSLEY, DECEASED, PLAINTIFF AND APPELLANT, v. LEWIS H. LARSEN, AND DOROTHY G. LARSEN, HIS WIFE, INDIVIDUALLY AND DBA LARSEN ENTERPRISES, AND BELCO PETROLEUM CORPORATION, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

August 23, 1966.

Attorney(s) appearing for the Case

Moyle & Moyle, Verle C. Ritchie, Salt Lake City, for appellant.

Ballif & Ballif, George E. Ballif, Provo, for Belco Petroleum Corp.

H.H. Halliday, Salt Lake City, for Larsens.

SWAN, District Judge:

Daisy Helen Kinsley, appellant herein, brought this suit individually and as Executrix of the Estate of Otho V. Kinsley, her deceased husband. She seeks to recover money of the deceased which was paid by defendant, Belco Petroleum Corporation, to defendant, Lewis H. Larsen, who received the money purportedly as agent for the deceased, Otho V. Kinsley. This appeal is from a summary judgment dismissing plaintiff's complaint with prejudice as to...

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