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FOSTER v. STEED

No. 10685.

19 Utah 2d 435 (1967)

432 P.2d 60

DON FOSTER, PLAINTIFF AND RESPONDENT, v. ELMO J. STEED, AN INDIVIDUAL, GORDON G. WHEELER, AN INDIVIDUAL, ELMO J. STEED AND GORDON G. WHEELER, DBA S & W TEXACO SERVICE, A PARTNERSHIP, DEFENDANTS, TEXACO, INC., A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 26, 1967.

Attorney(s) appearing for the Case

Ray, Quinney & Nebeker, Stephen B. Nebeker, Salt Lake City, for appellant.

Clyde, Mecham & Pratt, Roland R. Wright, Salt Lake City, for respondent.

CALLISTER, Justice:

This is an interlocutory appeal by Texaco, Inc., one of the named defendants, from a denial by the trial court of its motion for summary judgment.

Plaintiff, Don Foster, went to the S & W Texaco Service Station, located in Bountiful, Utah, to purchase gasoline for his truck. Gordon G. Wheeler, a partner in the service station, and Bob Madall, an employee, requested Foster's aid in pushing a car into one of the bays of the station. Foster...

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