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GARRETT v. RUSHTON

No. 890494.

801 P.2d 908 (1990)

John GARRETT, dba Garrett Drywall, Plaintiff and Appellant, v. Kenneth RUSHTON, Trustee, First American Savings Bank, F.S.B., North Carolina, FSLIC as receiver, American Federal Savings and Loan Association, Anderson, Indiana, Trustee, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied December 18, 1990.

Attorney(s) appearing for the Case

J. Keith Henderson, Salt Lake City, for Garrett.

Mark O. Morris, Brent D. Wride, Salt Lake City, for First American and FSLIC.

Kenneth A. Rushton, Salt Lake City, pro se.

STEWART, Justice:

This case is here on a question of law certified by the United States District Court for the District of Utah. The question certified is: "[I]s a notice of lien placed of record lacking the place of residence of a notary, but otherwise complete ..., void under Utah law?"

John Garrett, dba Garrett Drywall, filed a notice of lien to secure payment of money due for drywall work performed during the construction of the Brianhead Hotel in Brianhead...

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