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DBL DISTRIBUTING, INC. v. 1 CACHE, L.L.C.

No. 20050181-CA.

147 P.3d 478 (2006)

2006 UT App 400

DBL DISTRIBUTING, INC., a corporation, Plaintiff and Appellant, v. 1 CACHE, L.L.C.; Gary R. Bracken; and Aaron Bracken, Defendants and Appellees.

Court of Appeals of Utah.

October 5, 2006.

Attorney(s) appearing for the Case

Gregory M. Constantino, West Jordan, for Appellant.

Marlin J. Grant, Olson & Hoggan, Logan, for Appellees.

Before Judges BILLINGS, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 DBL Distributing, Inc. (DBL) appeals from the trial court's order dismissing its action against 1 Cache, L.L.C. (1 Cache), Gary R. Bracken, and Aaron Bracken. We reverse and remand.

BACKGROUND

¶ 2 On January 29, 1999, 1 Cache applied for a line of credit with DBL. Gary Bracken, the president and a shareholder of 1 Cache, completed and signed the credit application on 1 Cache's behalf. The credit application...

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