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WESTATES CONST. CO. v. CITY OF CHEYENNE

No. 88-191.

775 P.2d 502 (1989)

WESTATES CONSTRUCTION CO., a Wyoming corporation, Appellant (Plaintiff), v. The CITY OF CHEYENNE, Laramie County, Wyoming, and the Cheyenne Board of Public Utilities, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied July 12, 1989.

Attorney(s) appearing for the Case

John T. Pappas of Western Law Associates, Lander, for appellant.

Carl L. Lathrop and Peter K. Michael (argued), of Lathrop, Rutledge & Boley, Cheyenne, for appellees.

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

CARDINE, Chief Justice.

Appellant Westates Construction Company (Westates) initiated a contract action against the City of Cheyenne and the Cheyenne Board of Public Utilities (City) to recover damages allegedly arising from the performance of extra-contractual work and delays in the construction of the Stage II Water Diversion Project. The district court granted the City's motion for summary judgment on three alternative grounds:

1. Westates' action was barred...

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