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FRIEDEN CONST., INC. v. LOWER & CO.

No. 87-269.

766 P.2d 527 (1988)

FRIEDEN CONSTRUCTION, INC., Appellant (Defendant), Neosho Construction Co., Inc. and the Western Railroad Properties, Inc., (Defendants), American Insurance Company and Fireman's Fund Insurance Company, (Third-Party Defendants), v. LOWER & COMPANY, Appellee (Plaintiff), Western Railroad Properties, Inc., (Third-Party Plaintiff).

Supreme Court of Wyoming.

December 15, 1988.

Attorney(s) appearing for the Case

Douglas G. Madison and John E. Masters of Dray, Madison & Thomson, P.C., Cheyenne, for appellant.

Harold E. Meier of Schwartz, Bon, McCrary & Walker, Casper, for appellee.

Before CARDINE, C.J., and THOMAS and URBIGKIT, JJ., and BROWN, and ROONEY, JJ., Retired.

URBIGKIT, Justice.

This appeal is a factually simple controversy involving compensation to appellee on a 1983 quantities dirt moving sub-contract for construction of a new railroad line for Western Railroad Properties, Inc. (Chicago and Northwestern Railroad) in the Lusk, Wyoming area. Summary judgment in the claimed amount plus interest was granted to the dirt contractor, and appeal is taken contesting both the amount allowed in judgment and right to accrued interest...

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