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BAUM v. GILLMAN

No. 80-1043.

648 F.2d 1292 (1981)

Garn L. BAUM and Peggy Baum d/b/a Garn L. Baum, Plaintiffs-Appellants, v. John GILLMAN, Glade Gillman, Dean Gillman, Gillman Brothers, Harley Gillman, Muir-Roberts, Merrill Gappmayer, Clyde Lunceford, Elberta Farm Corporation and Deseret Title Holding Corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Robert Macri, Salt Lake City, Utah, for plaintiffs-appellants.

J. Wayne Gillman, Salt Lake City, Utah, for defendant-appellee Estate of John W. Gillman.

Kenneth W. Yeates, Salt Lake City, Utah, (Patricia M. Leith, Salt Lake City, Utah, with him on the brief), of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for defendant-appellee Muir-Roberts.

Gregory B. Monson, Salt Lake City, Utah (David K. Watkiss, Salt Lake City, Utah, with him on the brief), of Watkiss & Campbell, Salt Lake City, Utah, for defendant-appellee Clyde Lunceford.

Harold G. Christensen, Salt Lake City, Utah (Richard K. Crandall, Salt Lake City, Utah, with him on the brief), of Snow, Christensen & Martineau, Salt Lake City, Utah, for defendants-appellees Deseret Title Holding Corp. and Elberta Farm Corp.

Arthur H. Nielsen and Clark R. Nielsen of Nielsen, Henriod, Gottfredson & Peck, Salt Lake City, Utah, filed a brief on behalf of defendants-appellees Glade Gillman, Dean Gillman, and Gillman Brothers.

Harley M. Gillman, filed a brief pro se.

Merrill Gappmayer, filed a brief pro se.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.

SETH, Chief Judge.

This appeal centers on an order granting summary judgment for defendants in an antitrust suit. The proceedings in the trial court extended over a period of about four years. Some thirty depositions were taken which included those of the parties and apparently all other persons who were in any way involved. The parties agree that discovery was completed. There were also filed a series of interrogatories with answers.

The defendants filed...

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