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DENNIS DILLON OLDSMOBILE, GMC, INC. v. ZDUNICH

Nos. 17886, 18262 and 18263.

668 P.2d 557 (1983)

DENNIS DILLON OLDSMOBILE, GMC, INC., Plaintiff and Respondent, v. Frank T. ZDUNICH, dba Mountain View Motors, Occidental Fire & Casualty Company, Curtis W. Wilkin and Western Surety Company, Defendants and Appellants. AMERICAN MANUFACTURERS MUTUAL, Plaintiff and Respondent, v. RESORT CAMPERS, LTD., Des Townsend, Glen Hatch, Roger T. Russell, Tom Vogel, Lewis Ted Cowley, Dale Christiansen, John W. Whiteley, Gwyn D. Davidson, and United Bank, a Utah corporation, Defendants and Appellants.

Supreme Court of Utah.

July 20, 1983.

Attorney(s) appearing for the Case

R. Mont McDowell, Salt Lake City, for defendants and appellants.

Steven B. Elggren, Salt Lake City, for plaintiff and respondent.

DURHAM, Justice:

This action involves two cases which were consolidated on appeal, each of which requires a determination of the nature and extent of a surety's liability under a motor vehicle dealer's bond issued pursuant to U.C.A., 1953, § 41-3-16(1). In Dennis Dillon Oldsmobile, GMC, Inc. v. Zdunich (the "Dillon" case), the trial court held that there was no aggregate limitation on the surety's liability on the bond, finding instead that the...

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