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IN THE UTAH COURT OF APPEALS ----ooOoo---Celso Magana and Yolanda Magana, Plaintiffs and Appellants, v. Dave Roth Construction, ABM Crane Rental, and John Does IV, Defendants and Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ----Third District, Salt Lake Department, 050914998 The Honorable Kate A. Toomey Attorneys: Daniel F. Bertch and Kevin K. Robson, Salt Lake City, for Appellants Peter H. Barlow and Ryan P. Atkinson, Salt Lake City, for Appellee ----Before Judges Greenwood, Billings, and Davis. GREENWOOD, Presiding Judge: Celso and Yolanda Magana argue that summary judgment was improper because material issues of fact exist regarding whether Dave Roth Construction (DRC) actively participated in rigging the joists or in the overall construction of the project to the extent that DRC may be liable under the retained control doctrine. "Summary judgment is proper only when there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law." Thompson v. Jess, 1999 UT 22,

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