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TRIPP v. VAUGHN

No. 860129-CA.

746 P.2d 794 (1987)

Wayne TRIPP, dba Modern Drywall, Plaintiff, v. Jeff VAUGHN, dba Jeff Vaughn Construction, et al., Defendants. BASIN STATE BANK, INC., Plaintiff and Respondent, v. LINCOVE PARTNERSHIP, Richard L. Buchanan and Lucille Buchanan, Defendants and Appellants.

Court of Appeals of Utah.

December 2, 1987.

Attorney(s) appearing for the Case

Thomas R. Patton, Zabriskie & Patton, Provo, for defendants and appellants Lincove Partnership and Buchanan.

Kenneth G. Anderton, Vernal, for plaintiff and respondent Basin State Bank.

Lynn B. Larsen and Curtis D. Elton, Wickwire, Gavin & Gibb, Salt Lake City, for Familian Pipe & Supply.

Bryan W. Cannon, Salt Lake City, for Gary R. Free.

Evan A. Schmutz, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Contract Carpets & Interiors.

Clark B. Allred, Vernal, for Donald T. Anderson.

Larry A. Steele, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Basin Wholesale Elec. and Basin Sportsman.

Kirk Bennett, Bennett & Judd, Vernal, for Wayne Tripp, dba Modern Drywall.

Scott C. Pierce, McKay, Burton, Thurman & Condie, Salt Lake City, for Lowry Overhead Doors.

David M. Wahlquist, James J. Cassity, Kirton, McConkie & Bushnell, Salt Lake City, for Pollack & Pieper.

Before GREENWOOD, ORME and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Lincove Partnership ("Lincove") appeals from the trial court's consolidation of case nos. 12,342 and 12,251, the denial of its motion to allow a counterclaim, bring in third party defendants and set aside a partial summary judgment, and the trial court's admission of hearsay. We affirm in part and remand.

I.

The procedural background of this case is central to this appeal, and is, therefore, set forth in detail...

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