WESTERN COATING, INC. v. GIBBONS & REED

No. 880289.

788 P.2d 503 (1990)

WESTERN COATING, INC., and Oregon corporation, Plaintiff and Appellant, v. GIBBONS & REED COMPANY, a Utah corporation, et al., Defendants and Appellees.

Supreme Court of Utah.

February 15, 1990.


Attorney(s) appearing for the Case

Robert F. Babcock and Mary Louise Lecheminant, Salt Lake City, for plaintiff and appellant.

Bryce E. Roe, Salt Lake City, for defendants and appellees.


HOWE, Associate Chief Justice:

Plaintiff Western Coating, Inc., a third-tier supplier in a public contract, appeals from a summary judgment in favor of the general contractor, Gibbons and Reed Company, in this suit to determine the coverage of a payment bond.

The Utah Department of Transportation contracted with defendant Gibbons and Reed Company to construct a public road. Gibbons and Reed obtained a payment bond from its surety, American Insurance Company...

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