BANNER BANK v. SMITH

No. 19-4131.

30 F.4th 1232 (2022)

BANNER BANK, successor by merger of American West Bank which formerly did business in Utah as Far West Bank, Plaintiff Counter Defendant-Appellant, v. James M. SMITH, a Utah resident; Loree C. Smith, an individual, Defendant Counterclaimants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 19, 2022.


Attorney(s) appearing for the Case

Steven W. Call , Ray Quinney & Nebeker P.C., Salt Lake City, Utah ( Jonathan A. Dibble , Ray Quinney & Nebeker P.C., Salt Lake City, Utah, with him on the briefs), for Plaintiff Counter Defendant-Appellant.

Robert D. Drummond, Jr. , Robert D. Drummond, Jr. Law Office, Fairhope, Alabama ( Dallis Nordstrom Rohde , Carman Lehnhof Israelsen LLP, Salt Lake City, Utah, with him on the briefs), for Defendant Counterclaimants-Appellees.

Before HARTZ, PHILLIPS, and EID, Circuit Judges.


ORDER

This matter is before us on (1) Appellant's Petition for Rehearing Seeking Clarification and Correction of Certain Statements ("Petition"), and (2) a February 23, 2022 letter from counsel for Appellant requesting two of the same clarifications requested in the Petition. Upon careful consideration, we direct as follows.

As an initial matter, we construe the aforementioned letter as a motion to clarify or correct the court's February 7, 2022 opinion...

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