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LeBARON & ASSOC. v. REBEL ENTERPRISES

No. 910120-CA.

823 P.2d 479 (1991)

LeBARON & ASSOCIATES, INC., Plaintiff, v. REBEL ENTERPRISES, INC., Defendant, Third-Party Plaintiff and Appellant, v. NEC INFORMATION SYSTEMS, INC., Third-Party Defendant and Appellee.

Court of Appeals of Utah.

December 18, 1991.

Attorney(s) appearing for the Case

Kendall S. Peterson (argued), Kevin J. Fife, Michael Wilkins, Debbie A. Robb, Wilkins, Oritt & Ronnow, Salt Lake City, for defendant, third-party plaintiff and appellant.

Stephen B. Elggren (argued), Elggren & Van Dyke, Salt Lake City, for third-party defendant and appellee.

Before BILLINGS, Associate P.J., JACKSON and ORME, JJ.

OPINION

BILLINGS, Associate Presiding Judge:

This is an appeal from a bench trial in which the trial court awarded third-party defendant NEC Information Systems, Inc. (NEC) a judgment against third-party plaintiff Rebel Enterprises, Inc. (Rebel), in NEC's counterclaim against Rebel for breach of contract. Rebel's sole claim on appeal is the trial court erred in failing to consider Rebel's affirmative defense that NEC did not mitigate its damages. Rebel requests...

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