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HENDRICKS v. INTERSTATE HOMES, INC.

No. 860094-CA.

745 P.2d 475 (1987)

Bill G. HENDRICKS, dba Deseret Roofing Company, Plaintiff and Respondent, v. INTERSTATE HOMES, INC., Franz C. Stangl III, Elizabeth Ann Stangl, Nebraska Savings and Loan Association, F.A., Empire Land Title, Inc., a Utah Corporation, and John Does I — XX, Defendants and Appellants. Bill G. HENDRICKS, dba Deseret Roofing Company, Third-Party Plaintiff, v. OWENS-CORNING FIBERGLAS CORPORATION, Third-Party Defendant, OWENS-CORNING FIBERGLAS CORPORATION, Plaintiff, v. Bill G. HENDRICKS, dba Deseret Roofing Company, and Stangl Construction Company, a corporation, Defendants.

Court of Appeals of Utah.

November 9, 1987.

Attorney(s) appearing for the Case

Henry S. Nygaard, Beaslin, Nygaard, Coke & Vincent, Salt Lake City, for Interstate Homes and Franz Stangl.

Robert A. Burton, Strong and Hanni, Salt Lake City, for Bill Hendricks.

W. Cullen Battle, Fabian & Clendenin, Salt Lake City, for Bill Hendricks and Deseret Roofing.

Alan Kent Shearer, Shearer & Carling, Salt Lake City, for Owens-Corning.

Before BILLINGS, GARFF and GREENWOOD, JJ.

GARFF, Judge:

Plaintiff/respondent Bill G. Hendricks (Hendricks), dba Deseret Roofing Company, was awarded summary judgment1 against defendant/appellant Interstate Homes, Inc., (Interstate), a modular building manufacturer, for $19,500 plus interest, costs, and attorney fees. The court dismissed Interstate's counterclaim for $50,000 damages with prejudice. Interstate appeals the dismissal of its counterclaim. We affirm.

Interstate...

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