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DeBRY v. VALLEY MORTG. CO.

No. 910328-CA.

835 P.2d 1000 (1992)

Robert J. DeBRY and Joan DeBry, Plaintiffs and Appellants, v. VALLEY MORTGAGE CO., et al., Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

Edward T. Wells, Salt Lake City, for plaintiffs and appellants.

Thomas R. Grisley, Salt Lake City, for defendant and appellee.

Before GARFF, GREENWOOD and RUSSON, JJ.

GREENWOOD, Judge:

This is an appeal from an order granting Valley Mortgage Company's (Valley Mortgage) motion to dismiss appellants Robert J. and Joan DeBry's (the DeBrys) Fourth Amended Complaint pursuant to Utah Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. We affirm.

When reviewing a motion to dismiss under Rule 12(b)(6), "we state the facts in a light most favorable to the party against which the rule...

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