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FLYING J, INC. v. BOOTH

No. 88-265.

773 P.2d 144 (1989)

FLYING J, INC., a Utah corporation, Appellant (Plaintiff), v. Elvin L. BOOTH, Jacqueline Booth and Joan R. Gillett, Appellees (Defendants).

Supreme Court of Wyoming.

May 8, 1989.

Attorney(s) appearing for the Case

Russell M. Blood of Warnick & Blood, P.C., Casper, for appellant.

Ronald A. Kastanek, Casper, for appellees.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

URBIGKIT, Justice.

This vendor-creditor suit by Flying J, Inc., appellant, pursued an assigned written guaranty executed by Elvin L. and Jacqueline Booth, appellees, in favor of assignor, Husky Oil Company (Husky).1 Cross motions for summary judgment were filed. The district court granted the appellees' motion finding the instrument to be a non-assignable "special guaranty" precluding present enforcement as a matter of law.

Appellant...

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