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SMITH v. BATCHELOR

No. 930370.

879 P.2d 1364 (1994)

Stephen R. SMITH, Jr., Plaintiff and Appellant, v. Dorothy K. BATCHELOR, Larry Peterman, and Janae Kingston, dba Movie Buffs, Defendants and Appellees.

Supreme Court of Utah.

July 15, 1994.

Attorney(s) appearing for the Case

Stephen R. Smith, Jr., pro se.

Jerold D. McPhee, Salt Lake City, for plaintiff.

John T. Caine, Ogden, for defendants.

HOWE, Justice:

This case is before us for the second time. The facts are described in detail in Smith v. Batchelor, 832 P.2d 467 (Utah 1992) ("Smith I"). They are not in dispute because defendants Dorothy K. Batchelor, Larry Peterman, and Janae Kingston, doing business as Movie Buffs, failed to respond to plaintiff Stephen R. Smith's requests for admission, "thereby admitting the facts as Smith had described them." ...

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