McCARTHY v. STATE

No. 8037.

1 Utah 2d 205 (1953)

265 P.2d 387

McCARTHY v. STATE ET AL.

Supreme Court of Utah.

December 22, 1953.


Attorney(s) appearing for the Case

Pugsley, Hayes & Rampton, Harry D. Pugsley, Salt Lake City, for appellant.

C.E. Henderson, Joseph S. Quinney, Irwin Clawson, Robert B. Porter, Athol Rawlins and Robert Murray Stewart, Salt Lake City, for respondents.


CROCKETT, Justice.

Plaintiff, Daniel McCarthy, appeals from an order of dismissal entered by Third District Judge David T. Lewis, which he based upon the ground that a prior judgment of dismissal in the U.S. District Court for Utah was res judicata of this action.

The controversy arose out of a contract by which Mr. McCarthy undertook to do certain work upon a monument at the mouth of Emigration Canyon commemorating the arrival of the Mormon Pioneers in Salt...

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