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McCANN v. BRYON L. ROSQUIST, D.C., P.C.

No. 98-4049.

185 F.3d 1113 (1999)

Melanie McCANN, Noele Nelson, Lisa Nielson, Plaintiffs-Appellants, v. Bryon L. ROSQUIST, D.C., P.C., a Utah corporation; Bryon L. Rosquist, individually, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 3, 1999.

Attorney(s) appearing for the Case

Larry S. Jenkins (Mary Anne Q. Wood, with him on the briefs), Wood Crapo LLC, Salt Lake City, Utah, for the Plaintiffs— Appellants.

Brent O. Hatch, Johnson & Hatch, P.C., Salt Lake City, Utah, for the Defendants—Appellees.

Before PORFILIO, LUCERO and COOK, Circuit Judges.

LUCERO, Circuit Judge.

This case requires us to determine whether the Utah criminal offense of forcible sexual abuse, Utah Code Ann. § 76-5-404, constitutes a "crime of violence" within the meaning of 18 U.S.C. § 16. Because we conclude that the offense of forcible sexual abuse prohibited in the Utah statute implicates a significant risk of application of physical force, we reverse the district court's dismissal of plaintiffs' complaint for failure to state...

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