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VILLAGE INN APARTMENTS v. STATE FARM

No. 880632-CA.

790 P.2d 581 (1990)

VILLAGE INN APARTMENTS and Village Partners-Cedar City, Plaintiffs and Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant and Appellee.

Court of Appeals of Utah.

April 4, 1990.

Attorney(s) appearing for the Case

Thomas J. Erbin (argued), James A. Boevers, Prince, Yeates, Geldzahler, Salt Lake City, for plaintiffs and appellants.

Darwin C. Hansen (argued), John C. Hansen, Salt Lake City, for defendant and appellee.

Before BENCH, GREENWOOD and LARSON, JJ.

BENCH, Judge:

Appellants appeal from entry of summary judgment for appellee. We affirm.

In February 1986, an underground water pipe ruptured on the premises of the Village Inn Apartments in Cedar City, Utah. The escaping water saturated the soil beneath the apartments and caused the foundation of the apartments to settle almost eight inches. Repair costs were estimated to be $70,000.

Appellants Village Inn Apartments, a Utah partnership, and its mortgagee...

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