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WHITING BROTHERS CONST. CO. v. M & S CONST. & ENG. CO.

No. 10390.

18 Utah 2d 43 (1966)

414 P.2d 961

WHITING BROTHERS CONSTRUCTION COMPANY, INC., A CORPORATION, PLAINTIFF AND APPELLANT, v. M & S CONSTRUCTION AND ENGINEERING COMPANY, A CORPORATION, KENT HOYT, SMITH WELDING AND STEEL, ET AL., DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

June 3, 1966.

Attorney(s) appearing for the Case

Ray, Quinney & Nebeker, Don B. Allen, Salt Lake City, for appellant.

Robert L. Gardner, Cedar City, for respondents.

CALLISTER, Justice:

This is an appeal from an action involving the so-called Miller Act1 wherein defendant subcontractors, Hoyt and Smith, were awarded summary judgments, upon their counterclaims, against plaintiff prime contractor, Whiting Brothers Construction Company, Inc., and its surety.

Whiting Brothers was engaged to do construction work at the Cedar City, Utah airport.2 It subcontracted a portion...

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