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  5. 851 P.2d 645 (1993)
 

MUIR v. W.H. BURT EXPLOSIVES, INC.

Nos. 900100, 900206.

851 P.2d 645 (1993)

Evelyn MUIR, Linda Muir, Deanna Pfeiffer, Sandra Jenkins, Mark Muir, Marlo Jenkins, and Douglas Bailey, Plaintiffs, Appellant, and Cross-Appellee, v. W.H. BURT EXPLOSIVES, INC., a New Mexico corporation, and Apache Powder Company, a New Jersey corporation, Defendants, Appellees, and Cross-Appellants. Evelyn MUIR, Douglas Bailey, Deanna Pfeiffer, Sandra Jenkins, Mark Muir, Marlo Jenkins, Linda Muir, and Virginia Lowe, Plaintiffs and Appellant, v. APACHE POWDER COMPANY, a New Jersey corporation, W.H. Burt Explosives, Inc., a New Mexico corporation, and John Does I-X, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied May 11, 1993.

Attorney(s) appearing for the Case

Robert H. Copier, Salt Lake City, for Muir.

Roger P. Christensen, Karra J. Porter, Salt Lake City, for W.H. Burt Explosives.

H. James Clegg, Shawn Draney, Salt Lake City, for Apache Powder Co.

ZIMMERMAN, Justice:

This is a consolidated appeal of two wrongful death actions filed by Evelyn Muir. The trial court dismissed the first case without prejudice because it found that Muir had failed to issue the necessary summonses within three months of filing her complaint, as required by Utah Rule of Civil Procedure 4(b). Utah R.Civ.P. 4(b) (1988) (amended 1990).1 The trial court dismissed...

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