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ISRAEL PAGAN ESTATE v. CANNON

No. 860072-CA.

746 P.2d 785 (1987)

ISRAEL PAGAN ESTATE and Leonor C. Pagan, Personal Representative, Plaintiff and Respondent, v. Joseph N. CANNON, Dorius Black, Alpha Leasing Company, a partnership; Robert D. Apgood, Joseph N. Cannon, Dorius Black, and Richard McKean, doing business under the name and style of Alpha Leasing Company; Bill Brown Realty, Incorporated; Scott Peatross, personally; Stewart Title Company of Utah; Tommy W. Sisk; Capital Thrift and Loan, a financial corporation; and Merlyn Hanks, Defendants and Appellant.

Court of Appeals of Utah.

Rehearing Denied December 2, 1987.

Attorney(s) appearing for the Case

Kay M. Lewis, Salt Lake City, for appellant.

Mark S. Miner, Salt Lake City, for respondent.

Before BENCH, GARFF and JACKSON, JJ.

OPINION

GARFF, Judge:

Defendant Capitol Thrift and Loan (Capitol) appeals from a jury verdict finding it liable to plaintiff Israel Pagan Estate for damages arising out of Capitol's alleged conspiracy with defendants Stewart Title Company (Stewart Title) and Joseph Cannon (Cannon) to defraud Pagan of his home. We reverse.

Pagan, a native of Puerto Rico, was unable to speak or understand English, and had subnormal mental capacity due to injuries suffered...

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