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MARSHALL v. VAN GERVEN

No. 880245-CA.

790 P.2d 62 (1990)

Scott MARSHALL, d/b/a Marshall Fastening Systems, Plaintiff, v. Jack VAN GERVEN, d/b/a J & M Construction Co., Inc.; J & M Construction Co., Inc.; et al., Defendants, Respondents, and Cross-Appellants. S.G. LARSEN & SONS EXCAVATING, INC., a Utah corporation, Plaintiff in Intervention, v. BROWN & ELLIOTT CONSTRUCTION CO., INC., a Utah corporation; United Pacific Insurance Co., a Washington corporation; et al., Additional Cross-Claim Defendants, Appellants, and Cross-Respondents.

Court of Appeals of Utah.

March 23, 1990.

Attorney(s) appearing for the Case

Bruce W. Shand (argued), Salt Lake City, for Brown & Elliott Const. Co. and United Pacific Ins. Co.

David J. Bird (argued), Richards, Bird & Kump, Salt Lake City, for Jack Van Gerven and J & M Const. Co.

Before DAVIDSON, BENCH and BILLINGS, JJ.

OPINION

BENCH, Judge:

Brown & Elliott Construction Co., Inc. (B & E), and United Pacific Insurance Co. (United) appeal from a judgment against them arising from two construction contracts. Jack Van Gerven and J & M Construction Co., Inc. (hereafter referred to collectively as "J & M") cross-appeal, seeking additional recovery. We reverse and remand.

FACTS

B & E was hired as the...

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