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TRACY COLLINS BANK & TRUST v. DICKAMORE

No. 17437.

652 P.2d 1314 (1982)

TRACY COLLINS BANK & TRUST, a corporation, Plaintiff and Appellant, v. Earl A. DICKAMORE and LaVon Dickamore d/b/a Dickamore's Custom Built Homes and Brent Atkinson, Defendants and Respondents.

Supreme Court of Utah.

August 12, 1982.

Attorney(s) appearing for the Case

John L. McCoy, Salt Lake City, for plaintiff and appellant.

Phil Patterson, Ogden, for Dickamore.

Parley R. Baldwin, Ogden, for Atkinson.

HOWE, Justice:

Plaintiff, Tracy Collins Bank & Trust, brought this action to enforce its rights as an alleged creditor third-party beneficiary of a contract between defendants, Earl A. Dickamore and LaVon Dickamore, d/b/a Dickamore's Custom Built Homes, and Brent Atkinson. Based on stipulated facts and exhibits presented to the trial court at a pre-trial settlement conference, the court found no cause of action and dismissed...

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