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CAPSON v. A.J. DEAN READY MIX CONCRETE CO.

No. 14524.

556 P.2d 505 (1976)

Gilbert CAPSON and Linda Capson, his wife, Plaintiffs and Appellants, v. A.J. DEAN READY MIX CONCRETE CO. and Arctic Circle, Inc., Defendants and Respondents.

Supreme Court of Utah.

November 4, 1976.

Attorney(s) appearing for the Case

Boyd M. Fullmer, Fullmer & Harding, Salt Lake City, for plaintiffs and appellants.

Timothy R. Hanson, Hanson, Wadsworth & Russon, Salt Lake City, for A.J. Dean Ready Mix.

Ray R. Christensen, Christensen, Gardner, Jensen & Evans, Salt Lake City, for Arctic Circle.

HENRIOD, Chief Justice:

Appeal from an order dismissing Capson's complaint against Arctic Circle, Inc., one of the defendants in a case where Capson was injured by a collapsing wall. Affirmed with costs to Arctic.

Only issue here is whether the complaint stated a cause of action. It stated that Capson was a subcontractor "doing foundation work on" Arctic's premises, that "in performance of his subcontract obligation1 formed...

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