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PENROD v. NU CREATION CREME, INC.

No. 18197.

669 P.2d 873 (1983)

Deanne PENROD, Maxine G. Kitchen, Don Sevey, Jack E. LaFollette, Truman O. Moore, and Linda R. Moore, Plaintiffs and Appellants, v. NU CREATION CREME, INC., a Utah corporation, George D'Ambrosio, Frank A. Nelson, Jr., and John Savas, Defendants and Respondents.

Supreme Court of Utah.

September 2, 1983.

Attorney(s) appearing for the Case

John A. Snow, Jeffrey C. Collins, Salt Lake City, for plaintiffs and appellants.

Paul N. Cotro-Manes, Robert H. Henderson, Salt Lake City, for defendants and respondents.

STEWART, Justice:

This is an appeal from the trial court's dismissal of one of plaintiffs' claims for relief on the ground of res judicata. We reverse and remand.

In March 1981, plaintiffs in this action filed a complaint against the same defendants in the United States District Court for the District of Utah. The first claim for relief alleged was based on section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1) (1976) (hereinafter "FTCA"...

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