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MOON LAKE ELEC. v. ULTRA SYSTEMS W. CONST.

No. 870212-CA.

767 P.2d 125 (1988)

MOON LAKE ELECTRIC ASSOCIATION, INC., Plaintiff and Appellant, v. ULTRASYSTEMS WESTERN CONSTRUCTORS, INC., and Industrial Indemnity Company, Defendants and Respondents.

Court of Appeals of Utah.

December 29, 1988.

Attorney(s) appearing for the Case

George E. Mangan (argued), Roosevelt, for plaintiff and appellant.

Clark B. Allred (argued), Gayle F. McKeachnie, Nielsen & Senior, Vernal, for Ultrasystems Western Constructors, Inc.

David W. Slaughter (argued), Snow, Christensen & Martineau, Salt Lake City, for Indus. Indem. Co.

Before GARFF, BENCH and ORME, JJ.

OPINION

BENCH, Judge:

Plaintiff appeals entry of summary judgment denying it forfeiture of defendants' bid bond. We consider three issues on appeal: 1) was the appeal timely filed? 2) was plaintiff's motion for new trial properly denied? 3) were the defendants entitled to summary judgment? We affirm.

Plaintiff Moon Lake Electric Association, Inc. (Moon Lake), is a Utah corporation and rural electric cooperative. In August 1985, Moon Lake solicited...

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