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MADSEN v. BORTHICK

No. 900262.

850 P.2d 442 (1993)

Richard D. MADSEN and Nancy Madsen, his wife, Boyd A. Swensen and Beatrice Swensen, his wife, Blaine Anderson and Sherree Anderson, his wife, Hope A. Hilton, Cynthia Hilton, Ralph M. Hilton, Gene Helland, the Middle East Foundation, Plaintiffs and Appellants, v. Mirvin D. BORTHICK, W. Smoot Birmhall and John Does I-V, being former Commissioners of the Utah Department of Financial Institutions, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied April 23, 1993.

Attorney(s) appearing for the Case

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

R. Paul Van Dam, Atty. Gen., Reed M. Stringham, Asst. Atty. Gen., Salt Lake City, for defendants and appellees.

STEWART, Justice:

Plaintiffs, depositors of the now defunct Grove Finance Company, sued Mirvin Borthick and W. Smoot Brimhall, former Commissioners of the Utah Department of Financial Institutions, in their personal capacities for gross negligence in carrying out their statutory duties in regulating and monitoring Grove Finance. The trial court entered summary judgment in favor of the Commissioners and dismissed plaintiffs' claims. We affirm.

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