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BIO-THRUST, INC. v. DIV. OF CORPORATIONS

No. 20020867-CA.

80 P.3d 164 (2003)

2003 UT App 360

BIO-THRUST, INC., a dissolved Utah corporation; and John Michael Coombs, a shareholder thereof, Petitioners and Appellants, v. DIVISION OF CORPORATIONS, a sub-agency of the Department of Commerce, an agency of the State of Utah; Kathy Berg, its director; and John and Jane Does I-XX, employees and former employees and agents of the Division of Corporations, Respondents and Appellees.

Court of Appeals of Utah.

October 23, 2003.

Attorney(s) appearing for the Case

John Michael Coombs, Mabey & Coombs, Salt Lake City, for Appellants.

Mark L. Shurtleff and Alain C. Balmanno, Assistant Attorney General, Salt Lake City, for Appellees.

Before JACKSON, P.J., BILLINGS, Associate Presiding Judge, and THORNE, J.

OPINION

JACKSON, Presiding Judge:

¶ 1 Bio-Thrust, Inc. (Bio-Thrust) and John Michael Coombs (Coombs) appeal an order from the district court granting the Division of Corporations's (the Division) motion to dismiss. In its ruling, the district court held that neither Bio-Thrust nor Coombs had standing to contest Bio-Thrust's 1991 involuntary dissolution. We affirm.

BACKGROUND

¶ 2 Bio-Thrust was incorporated in 1981. In 1990, Bio...

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