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CALINOIS LAND COMPANY v. SECURITY TITLE COMPANY

No. 12962.

511 P.2d 722 (1973)

29 Utah 2d 448

CALINOIS LAND COMPANY, a limited partnership consisting of Robert E. Overtree and David T. Shiffman, general partners, Plaintiff and Appellant, v. SECURITY TITLE COMPANY, a corporation, Defendant and Respondent, v. John W. CUNNINGHAM, Interpleaded Defendant and Respondent.

Supreme Court of Utah.

June 21, 1973.

Attorney(s) appearing for the Case

Gary R. Howe, and Louis H. Callister, Jr., of Callister, Kesler & Callister, Salt Lake City, for plaintiff and appellant.

Harry D. Pugsley, of Pugsley, Hayes, Watkiss, Campbell & Cowley, Salt Lake City, for Security Title Co.

Paul N. Cotro-Manes, Salt Lake City, for John W. Cunningham.

TAYLOR, District Judge:

The plaintiff appeals from an order dismissing plaintiff's complaint with prejudice on the grounds that a prior action was res adjudicata.

On November 15, 1966, the plaintiff and one John W. Cunningham entered into a trust agreement which was accepted by the defendant as trustee, on April 23, 1967. Pursuant to the terms of said trust agreement, plaintiff conveyed certain real property located in Weber County, State of Utah, consisting...

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