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BIHLMAIER v. CARSON

No. 16301.

603 P.2d 790 (1979)

Fred H. BIHLMAIER, Plaintiff and Appellant, v. Lee A. CARSON, Defendant and Respondent.

Supreme Court of Utah.

November 2, 1979.

Attorney(s) appearing for the Case

Brian C. Harrison, Provo, for plaintiff and appellant.

Phillip V. Christensen, Provo, for defendant and respondent.

MAUGHAN, Justice:

The plaintiff, Fred H. Bihlmaier, appeals the District Court's Order granting the defendant's motion for summary judgment. We affirm. All statutory references are to Utah Code Annotated, 1953, as amended.

The Defendant, Lee A. Carson, hereinafter Carson, is the founder and present manager of a small grocery store in Provo, Utah. Because of his advanced age and the desire to spend more time vacationing with his wife, the defendant sought a...

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