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STATE BY DIV. OF CONS. PROT. v. GAF CORP.

No. 19836.

760 P.2d 310 (1988)

STATE of Utah, By and Through the DIVISION OF CONSUMER PROTECTION, Jean A. Williams, Director, Plaintiff and Appellant, v. GAF CORPORATION, a Delaware corporation, Defendant and Appellee.

Supreme Court of Utah.

August 18, 1988.

Attorney(s) appearing for the Case

David L. Wilkinson, Neal T. Gooch, Salt Lake City, for plaintiff and appellant.

J. Rand Hirschi, Salt Lake City, for defendant and appellee.

STEWART, Justice:

The State Division of Consumer Protection (the "Division") appeals from a summary judgment against it in a civil action brought by the Division against GAF Corporation ("GAF"). The Division's complaint alleges that GAF committed a deceptive act or practice against a Utah consumer in violation of the Utah Consumer Sales Practices Act, Utah Code Ann. §§ 13-11-1 to -23 (Supp. 1983). The trial court ruled that (1) the Division could not sue...

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