W.W. & W.B. GARDNER, INC. v. MANN

No. 18572.

680 P.2d 23 (1984)

W.W. AND W.B. GARDNER, INC., a Utah corporation, Plaintiff and Respondent, v. Clealon MANN, Defendant and Appellant.

Supreme Court of Utah.

February 21, 1984.


Attorney(s) appearing for the Case

Richard S. Nemelka, Salt Lake City, for defendant and appellant.

Gary A. Dodge, Robert G. Holt, Salt Lake City, for plaintiff and respondent.


DURHAM, Justice:

Defendant Clealon Mann had summary judgment entered against him in the Third Judicial District in Salt Lake County. He appeals, seeking a reversal on the grounds that genuine issues of material fact exist. We reverse.

Respondent Gardner, Inc. ("Gardner") is a road paving company. Appellant Mann is president of Ensign Development Corporation ("Ensign"). In the summer of 1979, Gardner paved some roads...

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