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M & S CONST. & ENG. CO. v. CLEARFIELD STATE BANK

No. 11694.

467 P.2d 410 (1970)

24 Utah 2d 139

M & S CONSTRUCTION AND ENGINEERING COMPANY, a Utah corporation, Plaintiff and Appellant, v. CLEARFIELD STATE BANK, a Utah corporation, Defendant and Respondent, v. Vern M. SMITH, Russell D. Stoker and James H. Mendenhall, Defendants and Appellant.

Supreme Court of Utah.

March 31, 1970.

Attorney(s) appearing for the Case

Robert D. Moore, Salt Lake City, Felshaw King, of King & King, Clearfield, for appellants.

Richard W. Campbell, of Olmstead, Stine & Campbell, Ogden, for respondent.

CALLISTER, Justice.

This is the second appeal by plaintiff, M & S Construction and Engineering Company, in its action for an alleged breach of a loan agreement against defendant, Clearfield State Bank. On the prior appeal, this court reversed and remanded the case for a trial on all counts including a counter-claim and cross-claim.1

Shortly prior to the commencement of the second trial, the defendant bank filed a motion to...

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