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LINDSAY v. ATKIN

No. 18638.

680 P.2d 401 (1984)

Ray LINDSAY, Plaintiff, v. Lee C. ATKIN and Peter A. Nyberg, Defendants and Appellants, v. PARRISH OIL TOOLS, INC., Defendant and Respondent.

Supreme Court of Utah.

March 21, 1984.

Attorney(s) appearing for the Case

LaMar J. Winward, St. George, John S. Snow and David Halliday, Salt Lake City, for defendants and appellants.

James F. Shumate, Cedar City, for plaintiff.

Robert McRae, Vernal, for defendant and respondent.

DURHAM, Justice:

The question on this appeal is whether the trial court abused its discretion by denying a motion to correct its earlier order "nunc pro tune." The order dismissed Parrish Oil Tools, Inc. ("Parrish Oil Tools"), defendant, from the lawsuit "with prejudice," and defendant sought a change to reflect a dismissal "without prejudice." We affirm the trial court's order.

Plaintiff Lindsay sued appellants Atkin and Nyberg in May 1978 in Duchesne County...

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