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BETENSON v. CALL AUTO & EQUIP. SALES, INC.

No. 17600.

645 P.2d 684 (1982)

Eddy BETENSON, et al., Plaintiffs and Appellants, v. CALL AUTO AND EQUIPMENT SALES, INC., a Utah corporation, et al., Defendants and Respondents. Eugene L. LOWIN and Geneva Lowin, Plaintiff and Appellants, v. CALL AUTO AND EQUIPMENT SALES, INC., a Utah corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

April 19, 1982.

Attorney(s) appearing for the Case

Stephen B. Mitchell, Salt Lake City, for plaintiffs and appellants.

Bruce H. Jensen/David G. Williams, Salt Lake City, for Fireman's Fund.

R. Dale Potter, Salt Lake City, for Campbell.

Gaylen S. Young, Jr., Salt Lake City, for Call Auto.

DURHAM, Justice:

The plaintiffs in this consolidated action sought recovery from the defendant Fireman's Fund Insurance Company on a Motor Vehicle Dealer's Bond issued in favor of the defendant, Call Auto and Equipment Sales, Inc. The lower court granted a motion to dismiss by the defendant Fireman's Fund Insurance Company. The plaintiffs appeal from the order of dismissal and from the court's refusal to allow the plaintiffs to amend their complaints.

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