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FILLMORE PRODUCTS v. WESTERN STATES PAVING

No. 14500.

561 P.2d 687 (1977)

FILLMORE PRODUCTS, INC., a Utah Corporation, Plaintiff and Appellant, v. WESTERN STATES PAVING, INC., a Utah Corporation, and United States Fidelity and Guaranty Company, Defendants and Respondents.

Supreme Court of Utah.

March 7, 1977.

Attorney(s) appearing for the Case

Dexter L. Anderson, Fillmore, for plaintiff and appellant.

Phillip L. Foremaster, St. George, for defendants and respondents.

WILKINS, Justice:

The plaintiff seeks reversal of a summary judgment granted in favor of the defendant, Western States Paving, Inc., a general contractor, on construction contracts entered into between the parties for the construction of a sewer system for the Town of Ferron, Utah. The complaint alleged in three causes of action that (1) the defendant failed to pay the plaintiff $34,738.39 for materials furnished and work and labor performed under the contracts, ...

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