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MULARZ v. GREATER PARK CITY CO.

No. 78-1969.

623 F.2d 139 (1980)

Theodore L. MULARZ, Plaintiff-Appellant, v. GREATER PARK CITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Arnold Alperstein, Lakewood, Colo. (Donald W. Alperstein, Lakewood, Colo., with him, on brief), for plaintiff-appellant.

F. S. Prince, Jr., of Prince, Yeates & Geldzahler, Salt Lake City, Utah (Donald J. Winder, Salt Lake City, Utah, with him, on brief), for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This appeal is on behalf of Mularz, the plaintiff in the court below, seeking review and reversal of a judgment in favor of the defendant, Greater Park City Co. The cause was tried and appealed previously. On that occasion the plaintiff prevailed on summary judgment. Our decision was that the court had erred in so disposing of it. The case was remanded for trial. Although the facts are succinctly set forth in our prior opinion,

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