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BETTILYON CONSTRUCTION CO. v. STATE ROAD COM'N

No. 10897.

437 P.2d 449 (1968)

20 Utah 2d 319

BETTILYON CONSTRUCTION COMPANY, a corporation, Plaintiff and Appellant, v. STATE ROAD COMMISSION of Utah, Defendant and Respondent.

Supreme Court of Utah.

February 8, 1968.

Attorney(s) appearing for the Case

Kirton & Bettilyon, F. Burton Howard, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gary A. Frank, Asst. Atty. Gen., Salt Lake City, for respondent.

CROCKETT, Chief Justice.

Bettilyon Construction Company appeals from dismissal of its complaint against the State Road Commission whereby it sought recovery for legal expenses incurred in connection with the successful defense of a lawsuit against it by a third party, Eimco Corporation, which challenged the right of way being used in a road construction contract which the Road Commission had let to Bettilyon.

In January, 1963, the State Road Commission, through...

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