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WESTERN UTILITY v. CITY OF CASPER

Nos. 86-26, 86-27.

731 P.2d 24 (1986)

WESTERN UTILITY CONTRACTORS, INC., Appellant (Plaintiff), v. The CITY OF CASPER, Wyoming, Appellee (Defendant and Third-Party Plaintiff), v. C.E.I., INC., (Third-Party Defendant). C.E.I., INC., Appellant (Third-Party Defendant), v. The CITY OF CASPER, Wyoming, Appellee (Defendant and Third-Party Plaintiff), Western Utility Contractors, Inc. (Plaintiff).

Supreme Court of Wyoming.

December 31, 1986.

Attorney(s) appearing for the Case

B.J. Baker, of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for Western Utility Contractors, Inc.

G.G. Greenlee, of Murane & Bostwick, Casper, for The City of Casper.

Cameron Walker, of Schwartz, Bon, McCrary & Walker, Casper, for C.E.I., Inc.

Before THOMAS, C.J., and BROWN, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

This City of Casper, 3,000-foot, $1.5 million, storm-sewer construction project came to litigation for a ten-day trial from a dispute among the contractor, the city, and the engineer as supervisor-designer, about contract specification terminology and claimed inaccuracies in a soils report creating a contractor "extra" claim of $213,933, first disapproved by the engineer, next by the city, and then denied by the trial court, and now affirmed.

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