MINI SPAS, INC. v. STATE

Nos. 18076, 18552.

657 P.2d 1348 (1983)

MINI SPAS, INC., dba the Kings Palace and Rusty Hanna, et al., dba The Society of Licensed Masseurs, Plaintiffs and Appellants, v. STATE of Utah, Scott M. Matheson, Utah State Department of Registration, and Paul T. Fordham, Defendants and Respondents. Debbie L. HANNA and Lori A. Wiens, Plaintiffs and Appellants, v. UTAH STATE DIVISION OF REGISTRATION and Paul T. Fordham, Defendants and Respondents,

Supreme Court of Utah.

January 21, 1983.


Attorney(s) appearing for the Case

W. Andrew McCullough, Orem, for plaintiffs and appellants.

David L. Wilkinson, Atty. Gen., Salt Lake City, for defendants and respondents.


DURHAM, Justice:

This action for declaratory judgment was brought in the Third District Court by Mini Spas, Inc., a Utah corporation operating a massage establishment, and a group of masseurs. The plaintiffs asked the trial to construe the Massage Practice Act of 1981 to permit the defendant Division of Registration to create the Utah Board of Massage and to order the Division to do so. There being no material facts in dispute, both sides moved for summary judgment...

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