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ALLEN-HOWE SPECIALTIES v. U.S. CONST., INC.

No. 16209.

611 P.2d 705 (1980)

ALLEN-HOWE SPECIALTIES CORPORATION, a Utah Corporation, Plaintiff and Appellant, v. U.S. CONSTRUCTION, INC., a corporation, Jacobs Engineering Co., a corporation, Wyoming Mineral Corporation, a corporation, and Kennecott Copper Corporation, a corporation, Defendants and Respondents.

Supreme Court of Utah.

April 21, 1980.

Attorney(s) appearing for the Case

Peter W. Billings, Warren Patten, and Charles B. Casper of Fabian & Clendenin, Salt Lake City, for plaintiff and appellant.

Gordon L. Roberts, Daniel M. Allred and Val R. Antezak of Parsons, Behle & Latimer, Salt Lake City, for defendants and respondents.

MAUGHAN, Justice:

Plaintiff, a subcontractor, initiated this action, pleading in seven counts, to recover $75,010.42 for labor and materials expended in erecting a metal building to house a uranium extraction plant. The defendants, after extensive discovery, moved for summary judgment on the alternative grounds that certain contractual provisions precluded recovery or an accord and satisfaction had been effected. The trial court granted defendants summary judgment...

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