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CAPSON v. BRISBOIS

No. 15746.

592 P.2d 583 (1979)

Russell CAPSON and Peggy Capson, his wife, Plaintiffs and Respondents, v. Clifford M. BRISBOIS and Shirley G. Brisbois, his wife, and Tracy Realty Company, a Utah Corporation, Defendants and Appellants.

Supreme Court of Utah.

February 15, 1979.

Attorney(s) appearing for the Case

Joseph W. Anderson, of Parsons, Behle & Latimer, Salt Lake City, for defendants and appellants.

Thomas R. Blomquist, Salt Lake City, for plaintiffs and respondents.

MAUGHAN, Justice:

In this action, Tracy Realty Company (hereafter Tracy Realty) presents a question of first impression before this Court, viz., is a disinterested stakeholder bringing an interpleader action entitled to its costs and attorney's fees? The district court ordered that the fund deposited with the court by Tracy Realty be released to the plaintiffs, Russell and Peggy Capson (hereafter Capsons), and denied Tracy Realty's motion for costs and attorney's...

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