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CHRISTENSON v. HAYWARD

No. 19391.

694 P.2d 612 (1984)

A.B. CHRISTENSON, Personal Representative of the Estate of Michael Lance Christenson, Deceased, Plaintiff and Appellant, v. M.D. "PETE" HAYWARD, Sheriff of Salt Lake County; Roger F. Taylor, Deputy Sheriff, Salt Lake County; Michael M. Davis, Deputy Sheriff, Salt Lake County; Michael Stewart, Bart Barker, Tom Shimizu, Board of Commissioners, Salt Lake County, Defendants and Respondents.

Supreme Court of Utah.

December 11, 1984.

Attorney(s) appearing for the Case

John B. Hiatt, Murray, for plaintiff and appellant.

L.E. Midgley, Salt Lake City, for defendants and respondents.

PER CURIAM.

The plaintiff appeals from the granting of a motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6), Utah R.Civ.P. The complaint alleged negligence of two deputy sheriffs based on their failure to arrest plaintiff's decedent, as allegedly they should have done under their statutory duty to "preserve the peace" and to "make all lawful arrests."1 The only point on appeal that requires review is whether...

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