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CRISMAN v. HALLOWS

No. 990698-CA.

999 P.2d 1249 (2000)

2000 Utah Ct. App. 104

Shari Lynn CRISMAN, Mark Crisman, and Paul Howard Peters, Plaintiffs and Appellants, v. Ted HALLOWS, Defendant and Appellee.

Court of Appeals of Utah.

April 13, 2000.

Attorney(s) appearing for the Case

Boyd Kimball Dyer, Salt Lake City, for Appellants.

Paul Howard Peters, Park City, Appellant Pro Se.

Jan Graham, Attorney General and Nancy L. Kemp, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges GREENWOOD, JACKSON, and DAVIS.

OPINION

DAVIS, Judge:

¶ 1 Plaintiffs Shari Lynn Crisman, Mark Crisman, and Paul Howard Peters appeal the trial court's entry of summary judgment in favor of defendant Ted Hallows. Because there existed a genuine issue of material fact as to whether Hallows acted within the scope of his employment for the State of Utah, thus precluding summary judgment, we reverse.

BACKGROUND

¶ 2 "`In reviewing a grant of summary judgment, we consider...

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