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BAILEY-ALLEN CO., INC. v. KURZET

No. 930178-CA.

876 P.2d 421 (1994)

BAILEY-ALLEN COMPANY, INC., Plaintiff and Appellee, v. Stanley M. KURZET, an individual; Stanley M. Kurzet and Anne L. Kurzet, as trustees for the Kurzet Family Trust; The Kurzet Family Trust; and John Does 1 through 10, Defendants and Appellants.

Court of Appeals of Utah.

May 31, 1994.

Attorney(s) appearing for the Case

Spencer E. Austin (argued), William J. Evans, Parsons, Behle & Latimer, Salt Lake City, for appellants.

Bruce J. Nelson (argued), Allen Nelson Rasmussen & Christensen, Salt Lake City, for appellee.

Before BILLINGS, P.J., and DAVIS and ORME, JJ.

OPINION

BILLINGS, Presiding Judge:

Stanley Kurzet, Anne Kurzet, and the Kurzet Family Trust appeal from a district court order awarding Bailey-Allen Company, Inc., damages, prejudgment interest, and postjudgment interest under a construction contract and denying the Kurzets' request for attorney fees on their successful summary judgment motion. We reverse and remand.

FACTS

In July 1990, Stanley...

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