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JENKINS v. FINLINSON

No. 16257.

607 P.2d 289 (1980)

Lynn A. JENKINS, Plaintiff and Appellant, v. Fred W. FINLINSON, Utah State Bar Association, and Scott M. Matheson, Defendants and Respondents.

Supreme Court of Utah.

February 8, 1980.

Attorney(s) appearing for the Case

Lynn A. Jenkins, pro se.

Jack L. Schoenhals, Salt Lake City, for Finlinson.

Pamela Greenwood, Salt Lake City, for Bar.

Robert B. Hansen, Atty. Gen. and Michael L. Deamer, Asst. Atty. Gen., Salt Lake City, for Matheson.

MAUGHAN, Justice:

Plaintiff appeals following a hearing at which the trial court granted defendants' motions to dismiss. The court held:

1. Attorneys as officers of the court do not exercise any judicial powers of the Judicial branch of state government and therefore, attorneys who serve in public office do not violate Article V of the Utah Constitution. 2. Plaintiff had no standing to sue to restrain defendants Matheson and Finlinson from the practice...

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