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This matter is before the court on its own motion for summary disposition. Both parties argue against summary disposition. Accordingly, IT IS HEREBY ORDERED that the motion is denied and that the issues raised are deferred until plenary presentation and consideration of the case.

IT IS FURTHER ORDERED that appellant's opening brief is due on or before September 15, 1998. See Utah R. App. 24-27. The trial court record is on file at this court.


Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
Daniel T.A. Cotts; Attorney for Appellant.
Norman E. Plate; Assistant Attorney General.


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