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BISHOP v. J.E. CROFTS & SONS

No. 13957.

545 P.2d 520 (1976)

Max J. BISHOP et al., Plaintiffs, v. J.E. CROFTS & SONS, Defendant and Appellant, v. KAIBAB INDUSTRIES, a Utah Corporation, Defendant and Respondent.

Supreme Court of Utah.

January 26, 1976.

Attorney(s) appearing for the Case

Ken Chamberlain of Olsen & Chamberlain, Richfield, for the defendant and appellant.

Norman H. Jackson, Richfield, for defendant and respondent.

W. Clark Burt, Salt Lake City, for plaintiffs.

MAUGHAN, Justice:

J.E. Crofts & Sons, hereafter Crofts, appeals from a summary judgment, which made distribution of a trust account to Crofts and Kaibab Industries, hereafter Kaibab. The award to each party was the amount refunded to the fund by the insurance company, which was based on the amount of premiums paid by each party. This was done under the theory of a constructive trust. We affirm.

Plaintiffs are the trustees under an agreement and declaration...

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