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JORGENSEN v. OGDEN CITY MALL CO.

No. 20000072-CA.

26 P.3d 872 (2001)

2001 UT App 128

KEITH JORGENSEN'S, INC., Plaintiff and Appellant, v. OGDEN CITY MALL COMPANY, a Utah limited partnership dba Ogden City Mall; Ernest W. Hahn, Inc., a California corporation; Fashion Place Associates, a Utah limited partnership dba Fashion Place Mall; D.H. Entertainment Associates, Inc., a Utah corporation; B & T Entertainment, Inc., a Utah corporation; Brad Dennis; Corwin Hair; Stanley K. Beagley; and Kenneth R. Turner, Defendants and Appellees.

Court of Appeals of Utah.

April 19, 2001.

Attorney(s) appearing for the Case

Evan A. Schmutz, Hill, Harrison, Johnson & Schmutz, Provo, for Appellant.

J. Randall Call and James A. Boevers, Prince, Yeates & Geldzahler, Salt Lake City, for Appellees.

Before Judges BILLINGS, DAVIS, and ORME.

OPINION

BILLINGS, Judge:

¶ 1 Keith Jorgensen's, Inc. (Jorgensen)1 appeals the summary judgments granted to Fashion Place Mall and Ogden City Mall (Mall Defendants)2 on Jorgensen's breach of lease and breach of implied covenant of good faith and fair dealing claims. In addition, Jorgensen appeals the trial court's award of attorney fees to Mall Defendants and denial of attorney fees to Jorgensen...

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