BERGENER v. DRAVO CORP.

No. 19445.

740 P.2d 818 (1987)

A. Bryan BERGENER; Vivian C. Bergener; Ray G. Martineau; and Shirlene P. Martineau, Plaintiffs and Appellants, v. DRAVO CORPORATION, a corporation; Dravo Coal Company, a corporation; Rocky Mountain Energy Company, a corporation, and Dravo Coal Company, Rocky Mountain Energy Company, a corporation, and Dravo Coal Company, a corporation, a general partnership doing business as Carbon County Coal Company; Lamb Engineering & Construction Co., a corporation; James P. Kelly; Robert L. Watson, Jr.; Edward E. Hershberger; Edward H. Opitz; Alex L. Sanders; Michael R. Lamb; James R. Lamb; and John Does I through X, Defendants and Respondents.

Supreme Court of Utah.

July 23, 1987.


Attorney(s) appearing for the Case

Ray G. Martineau, Salt Lake City, Mark H. Goodrich, Des Moines, Iowa, for plaintiffs and appellants.

David A. Greenwood, Patricia M. Leith, Robert A. Peterson, Salt Lake City, for Dravo Corp., Dravo Coal Co., Carbon County Coal Co., Rocky Mountain Energy Co., James P. Kelly, Robert L. Watson, Jr., Edward E. Hershberger, Edward H. Opitz, and Alex L. Sanders.

James P. Cowley, D. Randall Trueblood, Salt Lake City, for Lamb Engineering & Const. Co., Michael R. Lamb, and James R. Lamb.


TIBBS, District Judge:

The Third Judicial District Court dismissed plaintiffs' complaint on the dual grounds that it failed to state claims against defendants upon which relief could be granted and that plaintiffs' action was also barred by the doctrine of res judicata. We affirm.

Plaintiffs are stockholders, officers, directors, and/or indemnitors of Highland Construction Company (Highland), the subcontractor under a construction contract. Plaintiffs signed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases