HARDING, District Judge. Defendant, Veterans Foundation, appeals and plaintiff cross-appeals from an order of the trial court
granted on plaintiff's motion for summary judgment. The material facts as shown at the time of the motion appear to be as follows: Plaintiff is the organization of the Disabled
American Veterans, Department of Utah. The defendant, Veterans Foundation, is a non-profit corporation organized at the instance
of the plaintiff to serve veterans and their families. When Veterans Foundation commenced business it became obligated by
contract to pay plaintiff a certain percentage of its gross sales and to make other benefits available to plaintiff for its
members. Shortly thereafter a dispute arose between officers of the plaintiff and the defendant. Veterans Foundation amended
its articles in an attempt, among other things, to provide power to divert funds from the plaintiff to local DAV chapters
in Utah and to supervise expenditures of the funds paid to plaintiff or the local chapters. Veterans Foundation later served
notice on plaintiff that, on account of plaintiff's lack of cooperation with the Veterans Foundation, the obligation to plaintiff
under the aforesaid contract was terminated and it ceased making the required payments to plaintiff. Further attempts to secure
harmony between the parties by negotiations and amendments to the articles of incorporation of the Veterans Foundation failed
to resolve the difficulties, and legal action ensued.
