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BEYNON v. ST. GEORGE-DIXIE LODGE 1743

No. 910551.

854 P.2d 513 (1993)

Sandra BEYNON, Plaintiff and Appellant, v. ST. GEORGE-DIXIE LODGE # 1743, BENEVOLENT & PROTECTIVE ORDER OF ELKS, Defendant and Appellee.

Supreme Court of Utah.

Rehearing Filed April 28, 1993.

Rehearing Denied May 13, 1993.

As Amended May 14, 1993.

Attorney(s) appearing for the Case

Brian M. Barnard, John Pace, Salt Lake City, for plaintiff and appellant.

Glenn C. Hanni, David R. Nielson, Salt Lake City, for defendant and appellee.

R. Paul Van Dam, Atty. Gen., Frank D. Mylar, Asst. Atty. Gen., Salt Lake City, amicus for plaintiff and appellant.

Leonard J. Solfa, Jr., Mooseheart, IL, for Conpor, amicus for defendant and appellee.

HALL, Chief Justice:

Plaintiff Sandra Beynon appeals from the order of the Fifth Judicial District Court granting summary judgment to defendant St. George-Dixie Lodge # 1742, Benevolent & Protective Order of Elks (the "Elks"). We reverse.

I. FACTS

The facts for the most part are not in dispute. On August 7, 1987, Beynon applied for membership in the Elks Lodge in St. George, Utah. Beynon's membership application was denied solely because she...

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