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RUSSELL PACKARD DEVELOPMENT, INC. v. CARSON

No. 20030822.

108 P.3d 741 (2005)

2005 UT 14

RUSSELL PACKARD DEVELOPMENT, INC., a California corporation; and Lawrence M. Russell, an individual, Plaintiffs and Respondents, v. Joel M. CARSON, an individual; William Bustos, an individual; and John Thomas, an individual, Defendants and Petitioners.

Supreme Court of Utah.

March 1, 2005.

Attorney(s) appearing for the Case

Michael R. Carlston, R. Brent Stephens, Heather S. White, Salt Lake City, for plaintiff.

Keith W. Meade, Salt Lake City, for defendant Carson.

Craig G. Adamson, Salt Lake City, for defendant Bustos.

George W. Pratt, Ali Levin, Salt Lake City, for defendant Thomas.

ON CERTIORARI TO THE UTAH COURT OF APPEALS

DURRANT, Justice:

¶ 1 In this case, the defendants affirmatively concealed the plaintiffs' causes of action during a significant portion, but not all, of the relevant statute of limitations period. Although the plaintiffs were placed on inquiry notice of the defendants' fraudulent behavior within the relevant statute of limitations period, the plaintiffs failed to file their complaint until after that period...

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