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NU-MED USA, INC. v. 4LIFE RESEARCH, L.C.

No. 20060505.

190 P.3d 1264 (2008)

2008 UT 50

NU-MED USA, INC., Plaintiff and Appellant, v. 4LIFE RESEARCH, L.C., Defendant and Appellee.

Supreme Court of Utah.

July 29, 2008.

Attorney(s) appearing for the Case

Peter H. Christensen, H. Scott Jacobson, Salt Lake City, for plaintiff.

Ryan M. Harris, John A. Pearce, Mark D. Tolman, Salt Lake City, for defendant.

DURHAM, Chief Justice:

¶ 1 In this appeal we are asked to determine whether the district court erred in granting summary judgment to 4Life Research, L.C. (4Life). The district court concluded that Nu-Med USA, Inc.'s (Nu-Med) claims were barred by rule 13 of the Utah Rules of Civil Procedure as compulsory counterclaims that were required to be litigated in prior litigation between the parties. The court also rejected Nu-Med's position that it could refile the...

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