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MORTENSON v. SCHEER

Nos. 96-340, 96-341.

957 P.2d 1302 (1998)

Frances Denise MORTENSON, as Trustee of the Christopher and Frances Mortenson Family Trust Dated August 7, 1985, Appellant (Plaintiff), v. Vernon L. SCHEER, Jolene D. Scheer, Bud Burnaugh, Jr., and Mary Burnaugh, Co-Trustees of the Burnaugh Family Trust Dated May 24, 1994, Appellees (Defendants), and Lee Ranches, Inc., Appellee (Defendant). LEE RANCHES, INC., Appellant (Defendant), v. Bud BURNAUGH, Jr. and Mary Burnaugh, Co-Trustees of the Burnaugh Family Trust, Dated MAY 24, 1994; and Vernon L. Sheer and Jolene D. Scheer, husband and wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

May 4, 1998.

Attorney(s) appearing for the Case

John A. MacPherson of MacPherson Law Offices, Rawlins, for Mortenson Family Trust.

Maureen T. Donohoue, Lander, for Lee Ranches, Inc.

William L. Miller of Miller and Fasse, P.C., Riverton, for Scheers and Burnaughs.

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN, and LEHMAN, JJ.

THOMAS, Justice.

Frances Denise Mortenson, as Trustee of the Christopher and Frances Mortenson Family Trust, (Mortenson) and Lee Ranches, Inc. (Lee Ranches) challenge the application of the law of impossibility of performance by the trial court to excuse Vernon L. Scheer, Jolene D. Scheer, and Bud Burnaugh, Jr., and Mary Burnaugh, Co-Trustees of the Burnaugh Family Trust dated May 24, 1994, (the Scheers and Burnaughs) from...

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