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ROBERT M. SCHUBACH, PLAINTIFF AND RESPONDENT, v. EUGENE WAGNER, DEFENDANT AND APPELLANT.

PER CURIAM.

Action on a promissory note wherein the defendant set up fraud as a defense and counterclaimed for damages arising out of the alleged fraud. Plaintiff was granted a summary judgment.

The record before us contains only the pleadings, the promissory note, two written agreements, a sealed deposition, and the judgment.

For reasons stated in Thompson v. Ford Motor Company, 14 Utah 2 d ___, 384 P.2d 109, the summary judgment in this case is set aside and the case remanded for further proceedings.

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SCHUBACH v. WAGNER
(Aug 14, 1963)