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Kilpatrick v. Wiley

12/14/2001

of Channel 20, which provided Channel 13 with the necessary equipment and programming to go on the air. Put another way, by only focusing on certain alleged breaches of fiduciary duties, Seethaler's testimony fails to provide the jury with a basis for determining a reasonable approximation of damages in this case. Accordingly, we conclude the trial court's ruling was within its permitted discretion.


CONCLUSION


Having concluded the trial court committed reversible error in interpreting Margulies v. Upchurch, 696 P.2d 1195 (Utah 1985), we reverse the judgment entered below. We remand this case for proceedings consistent with this opinion.


Chief Justice Howe, Associate Chief Justice Russon, Justice Wilkins, and Judge West concur in Justice Durrant's opinion.


Having disqualified herself, Justice Durham does not participate herein; District Judge W. Brent West sat.






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