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LOVELL CLAY PRODUCTS CO. v. STATEWIDE SUPPLY

No. 77-591.

580 P.2d 1278 (1978)

The LOVELL CLAY PRODUCTS COMPANY, Plaintiff-Appellant, v. STATEWIDE SUPPLY COMPANY, Defendant and Cross-Appellee, and Northern Contracting Co., Ivywild Sanitation District, and United States Fidelity & Guaranty Co., Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

June 22, 1978.

Attorney(s) appearing for the Case

Dawson, Nagel, Sherman & Howard, W. David Pantle, Denver, for plaintiff-appellant.

Holland & Hart, Wiley E. Mayne, Jr., John U. Carlson, Denver, for defendants-appellees and cross-appellants.

BERMAN, Judge.

Plaintiff, The Lovell Clay Products Company (Lovell), instituted this action against defendant, Statewide Supply Company (Statewide), for the value of clay sewer pipe sold on an open account. Since Statewide supplied the pipe to the general contractor, defendant Northern Contracting Co. (Northern), for construction of a public works project sewer line, Lovell also asserted claims for relief against Northern, against the owner of the project, defendant...

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