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BAILEY v. DESERET FED. SAV. & LOAN ASS'N

No. 18961.

701 P.2d 803 (1985)

Claron D. BAILEY, Plaintiff and Respondent, v. DESERET FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant and Appellant.

Supreme Court of Utah.

June 19, 1985.

Attorney(s) appearing for the Case

Edward M. Garrett, Joseph E. Hatch, Salt Lake City, for defendant and appellant.

J. Steven Newton, Salt Lake City, for plaintiff and respondent.

DURHAM, Justice:

The plaintiff, a mechanic's lien holder and assignee of a second position trust deed, filed a complaint with the federal bankruptcy court asking the court to stay a trustee's sale which was to be conducted by the defendant Deseret Federal Savings and Loan as holder of the first position trust deed. The bankruptcy court dismissed the plaintiff's complaint and allowed the defendant to proceed with the trustee...

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