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TIMM v. DEWSNUP

No. 910157.

851 P.2d 1178 (1993)

Louis L. TIMM, John Neiuwland, and Floyd M. Childs, trustees of United Precision Machine and Engineering Company Profit Sharing Trust; ABCO Insurance Agency, Inc., a Utah corporation; and Joseph L. Henroid, trustee for the Annette Jacob Trust, Plaintiffs, Appellees, and Counterclaim Defendants, v. T. LaMar DEWSNUP and Aletha Dewsnup; Arrow Investment Co., a limited partnership; The Federal Land Bank of Berkley; Imperial Land Title Inc., as trustee and Eugene L. Carson and Elaine Carson as beneficiaries; Stringham, Masuran, Larsen & Sabin, a professional corporation; Mineral Fertilizer Co., Inc.; and Harry V. Kaps, Defendants, Appellants, and Counterclaimants.

Supreme Court of Utah.

April 27, 1993.

Attorney(s) appearing for the Case

Michael Z. Hayes, Salt Lake City, for plaintiffs.

Russell A. Cline, Salt Lake City, for Dewsnups.

HOWE, Associate Chief Justice:

Defendant Aletha Dewsnup appeals the trial court's denial of her motions to (1) amend her counterclaim, and (2) either reconsider and set aside a summary judgment entered against her or certify the summary judgment as final so that she could appeal it. Defendant T. LaMar Dewsnup, Aletha's husband, died in 1986 during the pendency of this action.

FACTS

In June of 1978, the Dewsnups, farmers in Delta, Utah, with the help...

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