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DENNETT v. POWERS

No. 13904.

536 P.2d 135 (1975)

John E. DENNETT, Plaintiff and Appellant, v. Karl POWERS et al., Defendants and Respondents.

Supreme Court of Utah.

May 29, 1975.

Attorney(s) appearing for the Case

John E. Dennett, Salt Lake City, for plaintiff-appellant.

Robert M. McRae, O. Robert Meredith, Salt Lake City, for defendants-respondents.

TUCKETT, Justice:

Plaintiff filed his complaint on September 13, 1972. On June 10, 1974, the defendants Karl Powers and Elsie Powers appeared specially by counsel and moved that the complaint be dismissed on the ground that the summons had not been timely served pursuant to the provisions of Rule 4(b), Utah Rules of Civil Procedure, which reads as follows:

If an action is commenced by the filing of a complaint, summons...

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