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DOVE v. CUDE

No. 19294.

710 P.2d 170 (1985)

John D. DOVE, Jr., Plaintiff and Respondent, v. Howard CUDE and Etta May Cude, his wife, Defendants and Appellants.

Supreme Court of Utah.

November 19, 1985.

Attorney(s) appearing for the Case

George E. Mangan, Roosevelt, for defendants and appellants.

JoAnn B. Stringham, Vernal, for plaintiff and respondent.

MEMORANDUM OF DECISION

DURHAM, Justice:

The defendants in this case appeal from the action of the trial court granting plaintiff's motion to withdraw a stipulation. Since the standard for permitting such a withdrawal was not met here, we reverse.

In May 1981, the plaintiff in this action filed a complaint alleging negligent use of irrigation water. The complaint and summons, which the plaintiff intended...

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