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FOWLER v. SEITER

No. 910698-CA.

838 P.2d 675 (1992)

James N. FOWLER and Sherril Fowler, Plaintiffs and Appellants, v. Terry R. SEITER, Defendant and Appellee.

Court of Appeals of Utah.

September 23, 1992.

Attorney(s) appearing for the Case

John W. Lowe (argued), Salt Lake City, for plaintiffs and appellants.

Charles W. Hanna (argued), Smith & Hanna, P.C., Salt Lake City, for defendant and appellee.

Before Judges BILLINGS, ORME and RUSSON, JJ.

RUSSON, Judge:

James and Sherril Fowler appeal the district court's order denying their motion for treble damages pursuant to Utah Code Ann. § 78-36-10 (1992), which provides for the same in forcible entry and unlawful detainer cases. We reverse and remand.

I. FACTS

On May 14, 1988, James and Sherril Fowler entered into an agreement with Terry R. Seiter, Donna S. Nakashima and Hede Shimoda, doing business as Neighborhood Mini Self Storage, for...

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