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FREEGARD v. FIRST WESTERN NAT. BANK

Nos. 19503, 19794.

738 P.2d 614 (1987)

Charles E. FREEGARD, Plaintiff and Appellant, v. FIRST WESTERN NATIONAL BANK, a corporation; and Fire Insurance Exchange, a corporation, Defendants and Respondents. Charles E. FREEGARD, Plaintiff and Appellant, v. FIRST WESTERN NATIONAL BANK, a corporation, Defendant and Respondent.

Supreme Court of Utah.

May 12, 1987.

Attorney(s) appearing for the Case

Edward Brass, J. Peter Mulhern, Richard MacDougall, Edward Sweeney, Salt Lake City, John Rokich, Magna, for plaintiff and appellant.

John T. Morgan, Arthur Strong, Salt Lake City, Blair Woods, Aldine J. Coffman, Moab, Dayle Jeffs, Provo, for defendants and respondents.

HALL, Chief Justice:

These two cases, consolidated for purposes of appeal, arise out of a dispute over whether defendants misdirected or otherwise mishandled insurance proceeds due plaintiff. The trial court dismissed both cases, granting judgment on the pleadings in favor of defendants. Plaintiff appeals.

The pleadings reflect that plaintiff sold certain real property to vendees Janice Campbell and Donald Clark under a uniform real estate contract. By the...

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