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MURRAY FIRST THRIFT & LOAN CO. v. BENSON

No. 14684.

563 P.2d 185 (1977)

MURRAY FIRST THRIFT & LOAN CO., a corporation, Plaintiff and Appellant, v. John V. BENSON and Emily Sue Benson, Defendants and Respondents. MURRAY FIRST THRIFT & LOAN CO., a corporation, Third-Party Plaintiff and Appellant, v. George P. RUFF, Third-Party Defendant and Respondent.

Supreme Court of Utah.

April 12, 1977.

Attorney(s) appearing for the Case

Ricardo B. Ferrari and John A. Snow, of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for plaintiff and appellant.

Carman E. Kipp of Kipp & Christian, Salt Lake City, for Benson.

Donn E. Cassity of Romney, Nelson & Cassity, Salt Lake City, for Ruff.

MAUGHAN, Justice:

Before us is an order of the court below dismissing, with prejudice, counts two and three of plaintiff's third-party complaint against George P. Ruff. We affirm that order, and award costs to Ruff.

This case was some sixteen months in preparation. All parties appeared at the appointed time for trial. A jury was impaneled, and opening statements were made. At this juncture a noon recess was called. During this recess plaintiff settled its...

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