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OLLERTON v. DIAMENTI

No. 13399.

521 P.2d 899 (1974)

M.E. OLLERTON, Supervisor, Division of Institutional Accounts, Utah State Hospital, Plaintiff and Appellant, v. Steve DIAMENTI (an incompetent) and Lowell D. Nielson, Defendants and Respondents.

Supreme Court of Utah.

April 29, 1974.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Bruce M. Hale, Asst. Atty. Gen., Salt Lake City, for plaintiff-appellant.

James Therald Jensen, S.J. Sweetring, Price, for defendants-respondents.

CALLISTER, Chief Justice:

Plaintiff, a representative of the Utah State Hospital, initiated this action against the guardian of Steve Diamenti to recover the costs of his care and treatment in the sum of $13,315. Plaintiff further sought an order compelling the guardian to make payments of $589.20 per month for all future care. The trial court ruled that no payments were required by reason of Section 64-7-54, U.C.A. 1953, which specifically excluded the provisions...

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