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WESTERN PACIFIC TRANSPORT COMPANY v. BEEHIVE STATE AGRICULTURAL CO-OP

No. 16056.

597 P.2d 854 (1979)

WESTERN PACIFIC TRANSPORT COMPANY, Plaintiff and Respondent, v. BEEHIVE STATE AGRICULTURAL CO-OP, Defendant and Appellant.

Supreme Court of Utah.

June 2, 1979.

Attorney(s) appearing for the Case

Wendell P. Ables, Salt Lake City, for defendant and appellant.

E. Craig Smay, Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Plaintiff Western Pacific Transport brought this action against the defendant Beehive State Agricultural Co-op to recover damages, alleging that defendant had wrongfully held possession of a trailer. On the basis of the pleadings and affidavits, the trial court granted plaintiff's motion for summary judgment. Defendant appeals contending that there were disputed issues of material fact which if resolved in its favor would at least substantially...

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