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TIMM v. DEWSNUP

No. 20010818.

86 P.3d 699 (2003)

2003 UT 47

Louis L. TIMM, John Neiuwland, and Floyd M. Childs, trustees of United Precision Machine and Engineering Company Profit Sharing Trust; ABCO Insurance Agency, Inc., a Utah corporation; and Joseph L. Henriod, trustee for the Annette Jacob Trust, Plaintiffs and Appellants, v. T. Lamar DEWSNUP and Aletha Dewsnup; Arrow Investment Company, a limited partnership; the Federal Land Bank of Berkeley; Imperial Land Title, Inc., as trustee and Eugene L. Carson and Elaine Carson as beneficiaries; Stringham, Mazuran, Larsen & Sabin, a professional corporation; Mineral Fertilizer Company; and Harry V. Kaps, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied January 20, 2004.

Attorney(s) appearing for the Case

Michael Z. Hayes, Todd J. Godfrey, Clark R. Nielsen, Salt Lake City, for plaintiffs.

Russell A. Cline, Salt Lake City, for defendants.

NEHRING, Justice:

¶ 1 Aletha Dewsnup and her late husband, T. Lamar Dewsnup, were farmers in Delta, Utah. In June 1978, they borrowed $119,000 to purchase a motel. The Dewsnups did not repay the loan on time and the three lenders, the Annette Jacob Trust Fund, United Precision Machine and Engineering Company Profit Sharing Trust,1 and ABCO Insurance Agency, Inc., sued.

¶ 2 With this appeal, their lawsuit has made its...

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