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PEPPER v. ZIONS FIRST NAT. BANK, N.A.

Nos. 20807, 20958.

801 P.2d 144 (1990)

Phillip C. PEPPER, an Arizona resident, et al., Plaintiffs and Appellants, v. ZIONS FIRST NATIONAL BANK, N.A., et al., Defendants, Counter-claimants, and Appellees. ZIONS FIRST NATIONAL BANK, N.A., et al., Third-Party Plaintiffs, v. Fred M. ROSENTHAL, et al., Third-Party Defendants.

Supreme Court of Utah.

Rehearing Denied November 28, 1990.

Attorney(s) appearing for the Case

Irving H. Biele, Edward S. Sweeney, J. Peter Mulhern, Salt Lake City, for plaintiffs and appellants.

Gary R. Howe, Charles M. Bennett, Sheryl L. Simpson, Salt Lake City, for defendants, counter-claimants, and appellees.

Bernard L. Rose, Salt Lake City, for third-party defendant.

Rehearing Denied in No. 20807 November 28, 1990.

STEWART, Justice:

Phillip C. Pepper and other members of the Pepper family ("the Peppers"), the beneficiaries of the Jerome B. Pepper trust, filed this action against Zions First National Bank as the executor of the Jerome B. Pepper estate and as the trustee of the Jerome B. Pepper inter vivos trust. The trust is the sole beneficiary of the estate, and Jerome B. Pepper's wife and children, the appellants here...

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