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STAPLES EXCAVATION & EREC. CO. v. WEYHER CONST. CO

No. 12007.

490 P.2d 330 (1971)

26 Utah 2d 387

STAPLES EXCAVATION & ERECTION COMPANY, a corporation, Plaintiff and Appellant, v. WEYHER CONSTRUCTION COMPANY, a corporation, and American Surety Company, a corporation, Defendants and Appellants, and Okland Construction Company, a corporation, et al., Defendants and Respondents.

Supreme Court of Utah.

November 3, 1971.

Attorney(s) appearing for the Case

Roe, Fowler, Jerman & Dart, Bryce E. Roe, Salt Lake City, for Staples.

Clyde, Mecham & Pratt, Elliott Lee Pratt, Salt Lake City, for Weyher.

Wilford A. Beesley, Salt Lake City, for Okland.

Paul E. Reimann and David L. McKay, Salt Lake City, for Zions Sec.

TUCKETT, Justice:

The plaintiff commenced these proceedings in the court below seeking to recover the value of labor and materials furnished by it in the construction of an office building in Salt Lake City. The defendant, Weyher Construction Company, by way of a cross-complaint, seeks similar relief.

The defendant, Zions Securities Corporation, hereinafter referred to as Zions, is the owner of a parcel of land located at the southeast corner of South Temple...

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