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MAXFIELD v. RUSHTON

No. 880332-CA.

779 P.2d 237 (1989)

Reed MAXFIELD, Plaintiff and Appellant, v. Owen A. RUSHTON and Carol Rushton, his wife, Defendants and Respondents. Owen A. RUSHTON and Carol Rushton, his wife, Third-Party Plaintiffs and Respondents, v. STATE of Utah, By and Through UTAH STATE DEPARTMENT OF SOCIAL SERVICES, Third-Party Defendants and Co-Respondents.

Court of Appeals of Utah.

August 23, 1989.

Attorney(s) appearing for the Case

Lorin N. Pace, Salt Lake City, for plaintiff and appellant.

Henry S. Nygaard, Salt Lake City, for defendants and respondents.

David L. Wilkinson, Stephen G. Schwendiman, Bernard M. Tanner, Leonard E. McGee, Salt Lake City, for third-party defendants and co-respondents.

Before GARFF, GREENWOOD and ORME, JJ.

GARFF, Judge:

Plaintiff and appellant, Reed Maxfield, appeals the trial court's dismissal of his action against defendants and respondents, Owen A. and Carol Rushton, and the State of Utah, for failure to prosecute. We affirm the trial court's dismissal of his action.

We recite only those facts pertinent to disposition of this appeal.

Maxfield initially filed his complaint in this action on October 20, 1980, alleging that the Rushtons had wrongfully...

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