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SAUNDERS v. SHARP

Nos. 880710-CA, 880711-CA.

793 P.2d 927 (1990)

Leon H. SAUNDERS; Robert Felton; Saunders Land Investment Corporation, a Utah corporation; White Pine Ranches, a Utah general partnership; and White Pine Enterprises, a Utah general partnership, Plaintiffs and Appellants, v. John C. SHARP and Geraldine Y. Sharp, Defendants and Appellees. John C. SHARP and Geraldine Y. Sharp, Counterclaim-Plaintiffs and Appellees, v. Robert FELTON; Leon H. Saunders; Saunders Land Investment Corporation; White Pine Ranches; White Pine Enterprises, Counterclaim-Defendants and Appellees, and Kenneth R. Norton, d/b/a Interstate Rentals, Inc., Counterclaim-Defendant and Appellant, and Commissioner of Financial Institutions, receiver for Tracy Collins Bank and Trust Company, Surety and Appellant.

Court of Appeals of Utah.

Rehearing Denied June 26, 1990.

Attorney(s) appearing for the Case

Stanford B. Owen, Patrick L. Anderson (argued), Fabian & Clendenin, Salt Lake City, for surety and appellant.

Robert M. Anderson (argued), Glen D. Watkins, Mark R. Gaylord, Hansen & Anderson, Salt Lake City, for plaintiffs and appellants Saunders, Felton, and White Pine.

Donald J. Winder (argued), Kathy A.F. Davis, Tamara K. Prince, pro hac vice, Winder & Haslam, Salt Lake City, for defendants and appellees.

John B. Anderson, Anderson & Holland, Salt Lake City, for Norton.

David L. Gladwell, Ogden, for plaintiff and appellant, Estate of Rees.

Before BENCH, GREENWOOD and LARSON, JJ.

OPINION

BENCH, Judge:

Plaintiffs appeal from a judgment in favor of defendants in an action for breach of contract and slander of title. Plaintiffs also appeal the district court's determination that a temporary restraining order was wrongfully issued, entitling defendants to damages from injunction bonds posted by, and on behalf of, plaintiffs. We affirm the judgment on the contract, but reverse the award of damages...

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