JACK B. PARSON CONST. CO. v. STATE

No. 19673.

725 P.2d 614 (1986)

JACK B. PARSON CONSTRUCTION CO., a Utah corporation, Plaintiff and Appellant, v. The STATE of Utah, By and Through the DEPARTMENT OF TRANSPORTATION, Defendant and Respondent. UTAH DEPARTMENT OF TRANSPORTATION, Third-Party Plaintiff and Respondent, v. AETNA CASUALTY & SURETY COMPANY, Third-Party Defendant and Appellant.

Supreme Court of Utah.

As Amended on Rehearing September 12, 1986.


Attorney(s) appearing for the Case

John P. Ashton, James A. Boevers, Salt Lake City, Robert G. Taylor, Carroll L. Bryan, II, Seattle, Wash., for plaintiff and appellant.

David L. Wilkinson, Atty. Gen., Donald S. Coleman, Leland D. Ford, Salt Lake City, for defendant and respondent.


AMENDED OPINION ON REHEARING

ZIMMERMAN, Justice:

Plaintiff Jack B. Parson Construction Co. ("Parson") appeals from a declaratory judgment holding it in breach of a road construction contract with the Utah Department of Transportation ("UDOT"). The trial court found that UDOT had not made misleading statements upon which Parson reasonably relied and which resulted in Parson's being unable to perform the contract. We conclude that UDOT did make misleading...

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