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OXENDINE v. OVERTURF

No. 970410.

973 P.2d 417 (1999)

1999 UT 4

Thelma OXENDINE, Plaintiff and Appellant, v. Lylbren Franklin OVERTURF, Gregory Overturf, Kenna Teal, Sharon Honerlah, Wanda Banning, Pamela Daniels, Dennis Fernandez, James E. Morton, Peter Collins, and Bugden Collins & Morton, L.C., Defendants and Appellees.

Supreme Court of Utah.

January 22, 1999.

Attorney(s) appearing for the Case

C. Michael Lawrence, West Valley, for appellant.

James E. Morton, Peter C. Collins, Tara L. Isaacson, Salt Lake City, for appellees.

DURHAM, Associate Chief Justice:

¶ 1 This is the third appeal arising from separate cases concerning the proper distribution between heirs of settlement proceeds recovered from the University of Utah Medical Center as a result of the death of Gay Overturf. Here the decedent's mother, Thelma Oxendine, appeals the district court's grant of summary judgment in favor of defendants, the probate heirs and their attorneys. The trial court held, as a matter of law, that...

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