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CHARLESWORTH v. REYNS

No. 20040460-CA.

113 P.3d 1031 (2005)

2005 UT App 214

Shirlie J. CHARLESWORTH, Jack G. Charlesworth, Rennly J. Charlesworth, Jace Martinson, GayLee C. McEwan, and Mirid Weidner, all individuals, Plaintiffs and Appellees, v. Arie William REYNS, Ruth C. Reyns, and Alan W. Reyns, as Joint Trustees under Trust Agreement dated August 27, 1985; Ruell Investments Co., a Utah general partnership; and Ruth C. Reyns, Raymond E. Isom, Colleen Ruth Isom Findley, and Patrick Isom, all individuals, Defendants and Appellants.

Court of Appeals of Utah.

May 12, 2005.

Attorney(s) appearing for the Case

Brad C. Smith, H. Thomas Stevenson, and Benjamin C. Rasmussen, Ogden, for Appellants.

Arthur B. Berger and Carolyn Clark, Salt Lake City, for Appellees.

Before BENCH, Associate P.J., GREENWOOD, and THORNE, JJ.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 Arie William Reyns, Ruth C. Reyns, and Alan W. Reyns1 (Defendants) appeal the district court's order granting summary judgment in favor of Plaintiffs on Plaintiffs' claims of breach of contract, breach of fiduciary duty, conversion, and constructive trust. We affirm in part and reverse in part.

BACKGROUND

¶ 2 The dispute in this case stems from a contract...

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