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3D CONST. AND DEVELOPMENT v. OLD STANDARD LIFE INS. CO.

No. 20040250-CA.

117 P.3d 1082 (2005)

2005 UT App 307

3D CONSTRUCTION AND DEVELOPMENT, L.L.C., Plaintiff and Appellant, v. OLD STANDARD LIFE INSURANCE COMPANY; OCWEN Federal Savings Bank, FSB; and Paxton R. Guymon, as successor trustee, Defendants and Appellees. Old Standard Life Insurance Company, Counterclaim Plaintiff and Appellee, v. 3D Construction and Development, L.L.C.; James Y. Dixon; and Ronald K. Dixon, Counterclaim Defendants and Appellant.

Court of Appeals of Utah.

June 30, 2005.

Attorney(s) appearing for the Case

Keith M. Backman and Jack C. Helgesen, Helgesen Waterfall & Jones, Ogden, for Appellant.

Blake D. Miller and Paxton R. Guymon, Miller Magleby & Guyon PC, Salt Lake City, for Appellees.

Before Judges BILLINGS, GREENWOOD, and JACKSON.

OPINION

GREENWOOD, Judge:

¶ 1 Plaintiff 3D Construction and Development, L.L.C. appeals the trial court's grant of Defendants'1 motion for summary judgment. Specifically, Plaintiff argues that the trial court erred by concluding that the doctrines of judicial estoppel and issue preclusion barred Plaintiff's action. We reverse and remand.

BACKGROUND2

¶ 2 In October 2001...

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