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PROGRESSIVE ACQUISITION, INC. v. LYTLE

No. 890587-CA.

806 P.2d 239 (1991)

PROGRESSIVE ACQUISITION, INC., Defendant and Appellant, v. Ezra LYTLE and Mae Lytle, Defendants and Appellees.

Court of Appeals of Utah.

February 13, 1991.

Attorney(s) appearing for the Case

Michael D. Hughes, Michael A. Day, Thompson, Hughes & Reber, St. George, for defendant and appellant.

David Nuffer, Snow, Nuffer, Engstrom & Drake, St. George, for defendants and appellees.

Before BENCH, GARFF and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Progressive Acquisition appeals a summary judgment granted in favor of Ezra and Mae Lytle. This case was initiated by Mountain Fuel in order to condemn an easement across property subject to a trust deed naming the Lytles as beneficiaries. Subsequent to the initiation of this suit, and prior to the award of the condemnation proceeds, the property was sold at trustee's sale. The trial court ruled that the trustee's sale was valid and...

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