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THOMPSON v. DULANEY

No. 91-4089.

970 F.2d 744 (1992)

James THOMPSON, Plaintiff-Appellant, v. Denise DULANEY; Elsie Dulaney; Phil Dulaney; Dale Brounstein; Russ Sardo; Robert Moody; Jerry Kobelin, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1992.

Attorney(s) appearing for the Case

James L. Thompson of Jardine, Linebaugh, Brown & Dunn, Salt Lake City, Utah, for plaintiff-appellant.

Lynn S. Davies of Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, for defendants-appellees Denise Dulaney, Phil Dulaney, and Elsie Dulaney.

Roger P. Christensen and Russell G. Workman of Christensen, Jensen & Powell, P.C., Salt Lake City, Utah, for defendant-appellee Dale Brounstein.

Thomas S. Taylor of Taylor, Moody & Thorne, Provo, Utah, for defendants-appellees Russ Sardo, Robert Moody, and Jerry Kobelin.

Before EBEL and BARRETT, Circuit Judges, and KANE, Senior District Judge.

EBEL, Circuit Judge.

I

In 1989, a Utah state court granted a divorce to defendant-appellee Denise Dulaney and plaintiff-appellant James Thompson. During the divorce proceedings, Thompson discovered that Dulaney had taped several of his telephone conversations with the couple's minor children who had been living with Dulaney. Thompson filed a motion in limine to exclude from the custody proceedings the tapes and any testimony based on the tapes. A transcript...

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