APPLIED MEDICAL TECHNOLOGIES, INC. v. EAMES

No. 991007.

44 P.3d 699 (2002)

2002 UT 18

APPLIED MEDICAL TECHNOLOGIES, INC., Plaintiff, v. Amorie EAMES, in her capacity as trustee of Heritage Management Trust, K.L. Hall, in his capacity as trustee of Heritage Management Trust, Ronald E. Eames, in his capacity as trust protector of Heritage Management Trust, Heritage Management Trust, and John Does 1-10, beneficiaries and/or unknown trustees of Heritage Management Trust, Defendants. Heritage Management Trust, K.L. Hall, trustee, and Ronald E. Eames, Consolidated Counterclaim Plaintiffs and Appellants, v. Applied Medical Technologies, Inc., Wade Lee Hill, in his capacity as officer, director, and controlling person of Applied Medical Technologies, Inc., and John Does 1-10, as officers, directors, and accessories, Counterclaim Defendants and Appellees.

Supreme Court of Utah.

February 5, 2002.


Attorney(s) appearing for the Case

Christopher W. Edwards, Hurricane, for appellants.

Michael N. Zundel, Roger J. McConkie, Salt Lake City, and Frank A. Allen, Jeffrey C. Wilcox, St. George, for appellees.


RUSSON, Associate Chief Justice.

¶ 1 Defendant Heritage Management Trust ("Heritage Trust"), appeals the trial court's dismissal of its claims against Applied Medical Technologies, Inc., and Dr. Wade Lee Hill. We affirm.

BACKGROUND

¶ 2 In November 1993, Ronald Eames and Dr. Hill agreed to form a Nevada corporation known as AMT, Inc., which subsequently became known as Applied Medical Technologies, Inc. ("Applied Medical"). In connection...

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