CITY CENTRE 1 ASSOC. v. TCHRS. INS. & ANNUITY ASS'N

Civ. No. 86-C-0332A.

655 F.Supp. 1431 (1987)

CITY CENTRE ONE ASSOCIATES, a Utah limited partnership, Plaintiff, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York not-for-profit corporation, Defendant and Counterclaimant, v. CITY CENTRE ONE ASSOCIATES, a Utah limited partnership; Price Prowswood, Ltd., a Utah partnership; Price Development Company, a Utah corporation; and the Prowswood Corporation, a Utah corporation, Defendants to Counterclaim.

United States District Court, D. Utah, C.D.

March 23, 1987.


Attorney(s) appearing for the Case

Reed L. Martineau, Max D. Wheeler, Damian C. Smith, Snow, Christensen & Martineau, Salt Lake City, Utah, for plaintiff and counterclaim defendants.

L. Ridd Larson, Larry G. Moore, Ira B. Rubinfeld, Ray, Quinney & Nebeker, Salt Lake City, Utah, for defendant and counterclaimant.


ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

ALDON J. ANDERSON, Senior District Judge.

Defendant has moved this court for partial summary judgment pursuant to Rule 56 on the issue of its right to retain fees and deposits paid to it by plaintiff under the loan commitment agreement of March 27, 1984. Defendant claims that it is entitled to retain fees of $30,000 paid to cover appraisal, engineering and legal fees, and deposits in cash and...

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