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ROBERTS v. HANSEN

No. 12008.

479 P.2d 345 (1971)

25 Utah 2d 190

LeRoy ROBERTS, Plaintiff and Appellant, v. A. Rex HANSEN and Colleen B. Hansen, his wife, Estate of Guy E. Ballard, deceased, Ellaree Ballard, Executrix, Ellaree Ballard, Defendants and Respondents.

Supreme Court of Utah.

January 5, 1971.

Attorney(s) appearing for the Case

Sherma Hansen, Omer J. Call, Brigham City, for plaintiff and appellant.

David L. Gillette, Richard H. Stahle, of VanCott, Bagley, Cornwall & McCarthy, Salt Lake City, for defendants and respondents.

CROCKETT, Justice:

Plaintiff sued to foreclose a mechanic's lien for labor and materials furnished in the construction of a home for the defendants, A. Rex Hansen and Colleen B. Hansen at Penrose, Box Elder County. On the basis of the pleadings and affidavits filed, the district court granted summary judgment in favor of the defendants on the ground that the action had not been commenced within the time (one year) allowed by law. Plaintiff appeals.

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