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BUTCHER v. GILROY

No. 860111-CA.

744 P.2d 311 (1987)

Wendell L. BUTCHER and Irene B. Butcher, Plaintiffs and Appellants, v. Frank K. GILROY and R.G.H., Inc., a Utah Corporation, Defendants and Respondents.

Court of Appeals of Utah.

October 14, 1987.

Attorney(s) appearing for the Case

Marcus G. Theodore, Salt Lake City, for plaintiffs and appellants.

James R. Holbrook, Steven E. Tyler, Russell C. Kearl, Greene, Callister & Nebeker, Salt Lake City, for defendants and respondents.

Before BILLINGS, GREENWOOD and JACKSON, JJ.

BILLINGS, Judge:

Wendell and Irene Butcher ("the Butchers") appeal from an order of the district court granting defendant Gilroy's ("Gilroy") motion to dismiss the Butchers' complaint ruling that the action was barred by Utah Code Ann. § 78-12-23 (1987), the statute of limitations applicable to written instruments. We reverse and remand.

FACTS

Because we are reviewing a dismissal pursuant to Rule 12...

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