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SCUDDER v. KENNECOTT COPPER CORP.

No. 910480-CA.

858 P.2d 1005 (1993)

Richard E. SCUDDER, Plaintiff, v. KENNECOTT COPPER CORPORATION, Defendant and Appellee. STEARNS CATALYTIC CORPORATION, Third-Party Plaintiff and Appellant, v. WEYHER-LIVSEY CONSTRUCTORS, INC., Third-Party Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied April 21, 1993.

Attorney(s) appearing for the Case

Robert A. Peterson and Robert W. Payne, Salt Lake City, for appellant Stearns Catalytic Corp.

Stephen B. Nebeker, Salt Lake City, for appellee Kennecott Copper Corp.

Terry M. Plant, and Daniel D. Anderson, Salt Lake City, for appellee Weyher-Livsey Constructors, Inc.

J. David Nelson and Robert D. Dahle, Salt Lake City, for appellee Richard E. Scudder.

Before BENCH, GARFF and NEWEY, JJ.

BENCH, Judge:

Stearns Catalytic Corporation (Stearns) appeals from several orders of the trial court. We reverse the trial court's grant of summary judgment in favor of Weyher-Livsey Constructors, vacate that portion of the jury verdict that found Kennecott and Stearns negligent and apportioned liability only to those parties, and remand for further proceedings consistent with this opinion.

FACTS

In 1986, Kennecott initiated a construction project...

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