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IHC HEALTH SERVICES, INC. v. D & K MANAGEMENT, INC.

No. 20061017.

196 P.3d 588 (2008)

2008 UT 73

IHC HEALTH SERVICES, INC., a Utah non-profit corporation, Plaintiff and Appellee, v. D & K MANAGEMENT, INC., a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

October 24, 2008.

Attorney(s) appearing for the Case

D. Matthew Moscon, Lauren A. Shurman, Salt Lake City, for plaintiff.

Michael N. Zundel, James C. Swindler, Glenn R. Bronson, Salt Lake City, for defendant.

AMENDED OPINION

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 In this case, a landlord, IHC Health Services, Inc. ("IHC"), seeks to eject its tenant, D & K Management ("D & K"), for breach of its lease (the "Lease") because of a late rental payment. The district court granted summary judgment in favor of IHC and awarded attorney fees to IHC pursuant to a provision in the Lease. D & K appeals, asserting that the district court...

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