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JOHNSON v. FIREBRAND, INC.

No. 15056.

571 P.2d 1368 (1977)

Calvin JOHNSON dba Johnson Collection Agency, Plaintiff and Appellant, v. FIREBRAND, INC., et al., Defendants and Respondents.

Supreme Court of Utah.

November 16, 1977.

Attorney(s) appearing for the Case

Dan S. Bushnell and Larry R. White of Kirton, McConkie, Boyer & Boyle, Salt Lake City, for plaintiff and appellant.

Gerald G. Gundry, Paul N. Cotro-Manes, Salt Lake City, for defendants and respondents.

ELLETT, Chief Justice:

The sole issue presented on this appeal is this: Did the trial court abuse its discretion in dismissing the plaintiff's complaint with prejudice for lack of prosecution? The complaint was filed January 25, 1972, and sought to collect a debt allegedly due in the sum of $38,580.79.

Plaintiff took the deposition of David D. Bean on July 7, 1972, and that of Hugh Gardner on December 13, 1972. David D. Bean filed an answer on February 10...

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