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W.M. BARNES CO. v. SOHIO NAT. RES. CO.

No. 16454.

627 P.2d 56 (1981)

W.M. BARNES COMPANY, a corporation, Plaintiff and Appellant, v. SOHIO NATURAL RESOURCES COMPANY, a corporation, formerly Sohio Petroleum Company, a corporation, Defendant and Respondent.

Supreme Court of Utah.

March 6, 1981.

Attorney(s) appearing for the Case

Duane A. Frandsen and Michael A. Harrison, Price, Donald B. Holbrook, Ronald J. Ockey, Lawrence J. Jensen, Salt Lake City, for plaintiff and appellant.

John Preston Creer, Richard G. Allen, Brent O. Ward, Salt Lake City, for defendant and respondent.

STEWART, Justice:

Plaintiff, W.M. Barnes Company ("Barnes"), appeals from the summary judgment of the district court which quieted title to a 37 1/2 percent interest in real property in defendant, Sohio Natural Resources Company ("Sohio"). Barnes asserts that the documents relied on by the court in granting summary judgment represented security for a loan and not a sale.

The property in question is part of an overall parcel consisting of some 5,000 acres located...

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