![]() ![]() The court therefore dismissed the Coopers' claim for fraudulent alteration and directed a verdict on the issue as it related to the RICE counterclaim. The trial court, reserving to itself the issue of whether the notes were fraudulently altered, 4 determined that because the alleged alteration was not material, the Coopers had failed sufficiently to allege a claim based on fraudulent alteration. §§ 76-10-1601 to -1608 (Supp.1981), 3 based in part upon the alleged fraudulent alteration of the notes and the subsequent charging of excess interest. 2 The Coopers later amended their counterclaim to include a claim under the Utah Racketeering Influences and Criminal Enterprises Act (RICE), Utah Code Ann. The Coopers claimed that, without their knowledge or consent, a future advances clause containing a variable rate of interest was added after the notes were executed. The Coopers alleged that Zions fraudulently altered two of the notes which were used to create a revolving line of credit. 1 Upon default, Zions brought suit against the Coopers to enforce the notes, and take possession of collateral, and foreclose the mortgages given as security under the notes. This case was originally a consolidation of four separate lawsuits involving claims by both Zions First National Bank and the Coopers regarding enforcement of eight promissory notes given by the Coopers to Zions in exchange for various business loans. Acting pro se in this appeal, the Coopers allege error in the trial court proceedings and the judgment on remand. Rocky Mountain Irrigation, Inc., 795 P.2d 658 (Utah 1990) (Rocky Mountain I ). ![]() We reversed in part and remanded the case in Zions First National Bank v. Cooper dba Rocky Mountain Irrigation and Grant and Ruby Cooper individually (collectively the “Coopers”). This is the second appeal by defendants Grant S. ROCKY MOUNTAIN IRRIGATION, INC., a Utah corporation Valley View Enterprises, a Utah corporation and Grant and Ruby Cooper, individually and dba Rocky Mountain Irrigation, Inc., Defendants and Appellants. ZIONS FIRST NATIONAL BANK, N.A., Plaintiff and Appellee, v.
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