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JAMES v. PRESTON

No. 860091-CA.

746 P.2d 799 (1987)

Clifford JAMES, Plaintiff and Appellant, v. Wayne R. PRESTON, Zions First National Bank, N.A., Geneva Rock Products, Defendants and Respondent.

Court of Appeals of Utah.

December 4, 1987.

Attorney(s) appearing for the Case

Robert M. McRae, JoAnn B. Stringham, McRae & DeLand, Vernal, for plaintiff and appellant.

Kenneth G. Anderton, Vernal, for defendant and respondent Preston.

Richard K. Nebeker, Greene, Callister & Nebeker, Salt Lake City, for defendant Zions.

Kent B. Scott, John K. Mangun, Nielsen & Senior, Salt Lake City, for defendant Geneva.

Before BILLINGS, GARFF and JACKSON, JJ.

OPINION

GARFF, Judge:

The trial court dismissed plaintiff/appellant Clifford James' suit on a trust deed on the basis that the trust deed was defective and that the debt upon which it was based was discharged in defendant/respondent Wayne R. Preston's bankruptcy action. James seeks to have the judgment of dismissal reversed.

The facts giving rise to this dispute are extremely controverted. None of the terms of the agreement were memorialized in writing...

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