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AURORA CREDIT SERVICES v. LIBERTY WEST DEVELOPMENT, INC.

No. 970154.

970 P.2d 1273 (1998)

AURORA CREDIT SERVICES, INC., a Minnesota corporation, Plaintiff and Appellant, v. LIBERTY WEST DEVELOPMENT, INC., a Utah corporation, XM International, a Utah limited liability company, and Dennis W. Gay, an individual, Defendants and Appellees.

Supreme Court of Utah.

November 24, 1998.

Attorney(s) appearing for the Case

Eric P. Hartman, Salt Lake City, for plaintiff

John E. Swallow, Steven B. Smith, Kami L. Peterson, Salt Lake City, for defendants

ZIMMERMAN, Justice:

Aurora Credit Services, Inc., appeals the trial court's grant of partial summary judgment on its derivative claims and dismissal of its direct against Liberty West Development, Inc., XM International, and Dennis Gay. Aurora also appeals the trial court's denial of its motion to amend its complaint. We reverse.

In 1986, Dennis W. Gay, James Hogle, Jr., and two other individuals formed Liberty West Development, Inc. ("LWD"). LWD borrowed...

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