WHITLOW & ASSOCIATES, LTD. v. FIRST WESTERN FIDELITY

No. 200-69.

433 F.2d 843 (1970)

WHITLOW & ASSOCIATES, LTD., a Hawaii Corporation, Appellee, v. FIRST WESTERN FIDELITY, a Real Estate Investment Trust, Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 1970.


Attorney(s) appearing for the Case

Lon Rodney Kump, of Richards & Watkins, Salt Lake City, Utah, for appellant.

James R. Brown, Salt Lake City, Utah (Neslen & Mock, H. Byron Mock, and Kent Shearer, Salt Lake City, Utah, with him on the brief), for appellee.

Before MURRAH, SETH and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

The trial court entered a judgment against appellant-garnishee as a summary judgment. The garnishee has taken this appeal asserting that the summary proceedings were not proper because there were material facts remaining unresolved.

The record is short but a somewhat extended description of the facts is necessary in view of the several related proceedings.

Appellee, Whitlow & Associates, Ltd., obtained a default judgment against...

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