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SEFTEL v. CAPITAL CITY BANK

No. 870312-CA.

767 P.2d 941 (1989)

Sidney SEFTEL, Theresa Seftel, and Michael Landes, Plaintiffs and Appellants, v. CAPITAL CITY BANK, a Utah corporation, Defendant and Respondent. CAPITAL CITY BANK, a Utah corporation, Counterclaimant, v. Sidney SEFTEL, Theresa Seftel, Michael Landes, Utah State Tax Commission, Crossroads Plaza Associates, a Utah joint venture and general partnership, Young Electric Sign Company, a Utah corporation, and Olympus Hills Shopping Center, LTD., a Utah limited partnership, Counterclaim Defendants.

Court of Appeals of Utah.

Rehearing Denied January 31, 1989.

Attorney(s) appearing for the Case

Daniel W. Jackson (argued), Salt Lake City, for plaintiffs and appellants.

David M. Connors (argued), LeBoeuf, Lamb, Leiby & McRae, Salt Lake City, for Landes.

Steven T. Waterman (argued), Herschel J. Saperstein, Marco B. Kunz, Watkiss & Campbell, Salt Lake City, for defendant and respondent.

Before BILLINGS, JACKSON and ORME, JJ.

BILLINGS, Judge:

Plaintiffs/appellants, Sidney Seftel, Theresa Seftel, and Michael Landes, ("guarantors") appeal from the trial court's summary judgment dismissing their complaint and granting defendant/respondent, Capital City Bank, ("Capital") judgment in the amount of $293,319.64 and issuing a decree of foreclosure. Guarantors seek a reversal of the trial court's order. We affirm.

FACTS

On December 24, 1979, Bagel Nosh Intermountain, Ltd., ("Bagel...

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