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ENERGY MANAGEMENT SERVICES, L.L.C. v. SHAW

No. 20021064-CA.

110 P.3d 158 (2005)

2005 UT App 90

ENERGY MANAGEMENT SERVICES, L.L.C., Plaintiff and Appellant, v. Dan K. SHAW, an individual; and Del-Rio Resources, Inc., a Utah corporation, Defendants and Appellees.

Court of Appeals of Utah.

February 25, 2005.

Attorney(s) appearing for the Case

Max D. Wheeler, Rex E. Madsen, and Keith A. Call, Snow Christensen & Martineau, Salt Lake City, for Appellant.

Thomas R. Karrenberg and Stephen P. Horvat, Anderson & Karrenberg, Salt Lake City, for Appellees.

Before Judges BILLINGS, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Energy Management Services, L.L.C. (EMS) appeals the trial court's grant of summary judgment to Dan K. Shaw and Del-Rio Resources, Inc. (Del-Rio). We reverse and remand for consideration of EMS's request for additional discovery.

BACKGROUND

¶ 2 EMS,1 along with several other entities and individuals including a subsidiary of Del-Rio (collectively, the federal plaintiffs)...

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