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PHILLIPS v. ABC BUILDERS, INC.

No. 5233.

611 P.2d 821 (1980)

William H. PHILLIPS and Cindy Phillips, Appellants (Plaintiffs), v. ABC BUILDERS, INC., a corporation, Appellee (Defendant).

Supreme Court of Wyoming.

May 21, 1980.

Attorney(s) appearing for the Case

Micheal K. Shoumaker, Badley, Rasmussen & Shoumaker, P.C., Sheridan, signed the brief and appeared in oral argument for appellants.

Stuart S. Healy, Kennedy, Connor & Healy, Sheridan, signed the brief and appeared in oral argument on behalf of appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

RAPER, Chief Justice.

This appeal directly challenges the constitutionality of a statute, enacted by the legislature in 1973, which immunizes a class of defendants from certain enumerated liabilities 10 years after substantial completion of any improvement to real property. Section 1-3-111, W.S. 1977:

"(a) No action to recover damages, whether in tort, contract or otherwise, shall be brought more than ten (10) years after substantial completion of an improvement...

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