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PAPANIKOLAS BROS. ENT. v. SUGARHOUSE SHOPPING CTR. A.

No. 13821.

535 P.2d 1256 (1975)

PAPANIKOLAS BROTHERS ENTERPRISES, a partnership, Plaintiff and Respondent, v. SUGARHOUSE SHOPPING CENTER ASSOCIATES, a partnership, et al., Defendants and Appellants.

Supreme Court of Utah.

May 27, 1975.

Attorney(s) appearing for the Case

Kenneth W. Yeates and J. Rand Hirschi, Price, Yeates, Ward, Miller & Geldzahler, Wayne C. Durham and Hollis S. Hunt, Durham, Swan & Hunt, Salt Lake City, for defendants and appellants.

Edward J. McDonough and Michael R. Murphy, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Plaintiffs initiated an action against defendants for the enforcement of a restrictive covenant running with the land. The action proceeded against Sugarhouse Shopping Center Associates, a partnership; Spence Clark and James A. Collier, dba Financial Management Service, hereafter Associates; and the American Oil Company, a Maryland corporation, hereafter American. The complaints against the other defendants were dismissed prior to hearing testimony...

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