WOODWARD v. TERRACOR

No. 76-1720.

574 F.2d 1023 (1978)

Brad R. WOODWARD, Wendy J. Woodward, Jeannette S. Wilson, Don W. Crompton, Wiltse P. Crompton, K. Brett Garn, Paul Rowe, Arnold F. Egan, for themselves and for and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. TERRACOR, a Utah Corporation, Continental Mortgage Investors, a Massachusetts Business Trust, Carl Marks & Company, Inc., United American Life Insurance Company, Fleschner-Becker-Erlich Fund, N.V. and FBA Partners, Diversified Mortgage Investors, Avco Financial Services, Glendon E. Johnson, Franklin D. Johnson, Clifton I. Johnson, H. Roger Boyer, Ellis R. Ivory, and Does 1 through X inclusive, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 10, 1978.

Rehearing Denied May 5, 1978.


Attorney(s) appearing for the Case

Richard G. Cook, Salt Lake City, Utah, for plaintiffs-appellants.

Daniel L. Berman, Salt Lake City, Utah (Berman & Giauque and Garry F. Bendinger, Salt Lake City, Utah, on the brief), for defendant-appellee Terracor.

Bruce A. Maak, Salt Lake City, Utah (Martineau & Maak and C. Keith Rooker, Salt Lake City, Utah, on the brief), for defendant-appellee H. Roger Boyer.

James B. Lee and David S. Dolowitz of Behle & Latimer, Salt Lake City, Utah, on the brief, for defendant-appellee Avco Financial Services, Inc.

James R. Brown, Salt Lake City, Utah (Jardine, Johnson & Baldwin, Salt Lake City, Utah, on the brief), for defendants-appellees Glendon E. Johnson, Franklin D. Johnson, and Ellis R. Ivory.

Edward J. McDonough and Frederick P. McBrier of Jones, Waldo, Holbrook & McDonough, Salt Lake City, Utah, on the brief, for defendant-appellee United American Life Ins. Co.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

The seven individual plaintiffs in this proceeding sue in their individual capacities and also seek to represent a class. The named plaintiffs all purchased lots in Stansbury Park, a planned residential community in Tooele, Utah. The first named defendant, Terracor, a Utah corporation, was the developer of Stansbury Park. Several financial institutions which had loaned money to Terracor were also named as parties defendant. Additional defendants...

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