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FIRST SEC. BANK v. BANBERRY CROSSING

No. 20266.

780 P.2d 1253 (1989)

FIRST SECURITY BANK OF UTAH, N.A., and First Security Financial, Plaintiffs, v. BANBERRY CROSSING, a Utah partnership; Banberry Development Corporation, a Utah corporation; Scandia Investment Company, a Utah general partnership; Hillcrest Investment Company, a general partnership; Sidney M. Horman; Charles H. Horman; M. Gordon Johnson; Gregory P. Nelson; Victor L. Fowler; Jack J. Johnson; John E. Price; and Western Woodlands, Inc., a Utah corporation, Defendants, Third-Party Plaintiffs, and Appellants, v. Eugene L. KIMBALL, Defendant and Appellee, and Keith Garner, Snow, Christensen & Martineau, a partnership, Commonwealth Land Title, Summit County Title Company, and Don Hutchinson, Third-Party Defendants and Appellees.

Supreme Court of Utah.

October 3, 1989.

Attorney(s) appearing for the Case

Jonathan A. Dibble, Salt Lake City, for First Sec.

Edward M. Garrett, Michael A. Katz, Salt Lake City, for Banberry Crossing, Banberry Development Corp., Scandia Investment Co., Hillcrest Investment Co., Sidney M. Horman, Charles H. Horman, and M. Gordon Johnson.

Ronald E. Nehring, Salt Lake City, for Gregory P. Nelson and Victor L. Fowler.

David E. Bean, Layton, for Western Woodlands.

Merlin R. Lybbert, Michael R. Carlston, Salt Lake City, for Eugene L. Kimball.

Malcolm A. Misuraca, James L. Beyers, Santa Rosa, Cal., Craig Cook, Salt Lake City, for Eugene L. Kimball and Keith Garner.

Ray R. Christensen, Phillip S. Ferguson, Salt Lake City, for Snow, Christensen and Martineau.

LeRoy S. Axland, Clark Waddoups, Salt Lake City, for Commonwealth Land Title Co.

Richard D. Burbidge, Stephen B. Mitchell, Salt Lake City, for Summit County Title Co. and Don Hutchinson.

HALL, Chief Justice:

Plaintiffs initiated this action against defendants, claiming that defendants defaulted on various financial obligations owed to plaintiffs arising from a real estate development in Park City, Utah. Plaintiffs sought declaratory relief, a money judgment, foreclosure of its trust deeds, appointment of a receiver, and general equitable relief. Defendants Banberry Crossing and Banberry Development Corporation...

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