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TOOMB v. HEPWORTH

No. 860011-CA.

737 P.2d 657 (1987)

Jamey J. TOOMB, Plaintiff and Appellant, v. Robert D. HEPWORTH, ERA Swallow Realty, Inc., The Estate of Q. Cannon Lambert, Defendants. ERA SWALLOW REALTY, INC. and Robert D. Hepworth, Defendants and Third-Party Plaintiffs and Respondents, v. Marsy WOODWARD, Third-Party Defendant.

Court of Appeals of Utah.

May 26, 1987.

Attorney(s) appearing for the Case

Jeffrey M. Jones, Richard K. Hincks, Nielsen & Senior, Salt Lake City, for defendants and third-party, plaintiffs and respondents.

Tim Dalton Dunn, Theodore E. Kanell, Hanson, Dunn, Epperson & Smith, Salt Lake City, for plaintiff and appellant.

Before ORME, DAVIDSON and GARFF, JJ.

OPINION

DAVIDSON, Judge:

The District Court granted defendants' Motion for Summary Judgment from which plaintiff appeals asserting there exist issues of material fact which should have been submitted to the trier of fact.

Plaintiff is the purchaser and record owner of a residence located at 2204 Fisher Lane, Salt Lake City, Utah. Plaintiff discovered this property in a multiple listing book published by the Salt Lake Board of Realtors which was in...

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