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DCM INVEST. CORP. v. PINECREST INVEST. CO.

Nos. 990717, 990745.

34 P.3d 785 (2001)

2001 UT 91

DCM INVESTMENT CORPORATION, Plaintiff and Appellant, v. PINECREST INVESTMENT CO., a Utah limited partnership, G.F.I., Ltd., a Utah limited partnership, Walt Gasser & Associates, Inc., G. Walter Gasser, an individual, Defendants and Appellees.

Supreme Court of Utah.

October 19, 2001.

Attorney(s) appearing for the Case

Philip R. Fishler, Dennis M. Astill, H. Burt Ringwood, Shawn T. Welch, Salt Lake City, for plaintiff.

Max D. Wheeler, Michael R. Carlston, Rodney R. Parker, Salt Lake City, for defendants.

DURHAM, Justice:

¶ 1 DCM Investment Corporation (DCM) appeals from an order of summary judgment holding that an assignment to DCM of a debtor's joint venture interest by a bankruptcy court triggered a right of first refusal belonging to the debtor's co-venturer. DCM contends that the assignment by the debtor as part of a settlement transaction did not constitute a bona fide offer of purchase within the meaning of the...

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