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TIEDE v. STATE

No. 940425.

915 P.2d 500 (1996)

Rolf TIEDE, individually and as guardian of Patricia Tiede and Shawn Rolf Tiede, Linae Tiede, Sue Ellen Reeder, Barbara Noriega, Claudia Goates, and Kenneth Tidwell, Plaintiffs and Appellants, v. STATE of Utah, Utah State Department of Corrections, Fremont Community Center, Orange Street Community Center, Von Taylor, Edward Deli, and John Does I-V, Defendants and Appellees.

Supreme Court of Utah.

April 17, 1996.

Attorney(s) appearing for the Case

Third District, Summit County; Honorable Frank G. Noel.

Allen K. Young, Salt Lake City, for plaintiffs.

Jan Graham, Att'y Gen., Barbara E. Ochoa, Debra J. Moore, Nancy L. Kemp, Asst. Att'ys Gen., Salt Lake City, for the State defendants.

HOWE, Justice:

Plaintiffs, who are relatives of decedents Beth Potts and Kaye Tiede, appeal from a dismissal of their action against the State defendants on the basis of governmental immunity. Defendants Von Taylor and Edward Deli are not parties to this appeal.

FACTS

In reviewing the trial court's motion to dismiss, we accept the factual allegations in the complaint as true and recite them accordingly. Russell v. Standard Corp.,

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