HORTON v. GOLDMINER'S DAUGHTER

No. 870031.

785 P.2d 1087 (1989)

Lorraine K. HORTON and Marlys Horton, Plaintiffs, v. GOLDMINER'S DAUGHTER, a Utah corporation, Cal Gas Corporation, a California corporation, Climate Control, Inc., a Utah corporation (now known as CCI Mechanical, Inc.), and Otto Buehner & Company dba Buehner Concrete Company, Defendants. Taylor F. BOYD, as the Executor of the Estate of Darnall W. Boyd, Jr., for himself and the other heirs of Darnall W. Boyd, Jr., Plaintiffs, v. GOLDMINER'S DAUGHTER, a Utah corporation, and Cal Gas Corporation, a California corporation, Defendants. CAL GAS CORPORATION, a California corporation, Third-Party Plaintiff and Appellant, v. OTTO BUEHNER & COMPANY, a corporation, dba Buehner Concrete Company, Climate Control, Inc., a Utah corporation (now known as CCI Mechanical, Inc.), Third-Party Defendants and Appellee.

Supreme Court of Utah.

September 29, 1989.


Attorney(s) appearing for the Case

Gordon L. Roberts, Spencer E. Austin, and Julia C. Attwood, Salt Lake City, for plaintiffs, Lorraine K. and Marlys Horton.

Jackson Howard, D. David Lambert, Provo, for plaintiff, Taylor F. Boyd, executor of estate of Darnall W. Boyd.

Harold G. Christensen, H. James Clegg, Bruce R. Garner, Robert S. Campbell, and E. Barney Gesas, Salt Lake City, for defendant, Goldminer's Daughter.

Philip R. Fishler and Paul M. Belnap, Salt Lake City, for third-party defendant, Climate Control, Inc.

Stewart M. Hanson, Fred R. Silvester, and Charles P. Sampson, Salt Lake City, for appellant, Cal Gas Corp.

Terry M. Plant and John N. Braithwaite, Salt Lake City, for appellee, Otto Buehner & Co.


STEWART, Justice:

The United States District Court for the District of Utah, pursuant to Rule 41 of the Rules of the Utah Supreme Court, certified to this Court the issue of the constitutionality under Article I, section 11 of the Utah Constitution of the Utah architects and builders statute of repose, Utah Code Ann. § 78-12-25.5 (1977).1

On March 15, 1985, the north wing of the...

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