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BERLANT v. McALLISTER

No. 12076.

480 P.2d 126 (1971)

25 Utah 2d 237

Gordon BERLANT, Plaintiff and Appellant, v. John S. McALLISTER, as Administrator of the Estates of Grant Kimball Mower and Altha Mower, his wife, both deceased, Defendant and Respondent.

Supreme Court of Utah.

January 27, 1971.

Attorney(s) appearing for the Case

Arthur H. Nielsen and David S. Cook of Nielsen, Conder, Hansen & Henriod, Salt Lake City, Udell R. Jensen, Nephi, Don J. Hanson of Hanson & Garrett, Salt Lake City, for plaintiff and appellant.

Harold G. Christensen and Raymond M. Berry of Worsley, Snow & Christensen, Salt Lake City, Don V. Tibbs, Manti, for defendant and respondent.

ELLETT, Justice:

This is an appeal from an order granting defendant's motion for summary judgment. The facts are not in dispute and are as follows:

There was a head-on collision between a car driven by Grant Kimball Mower and one driven by plaintiff. Mower and his passenger wife were killed, and plaintiff was injured. Plaintiff's insurance carrier, without his knowledge or consent, made a settlement with the defendant and paid him $5,150 for a full release...

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