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ONEIDA/SLIC v. ONEIDA COLD STORAGE

No. 920434-CA.

872 P.2d 1051 (1994)

ONEIDA/SLIC, an Arizona Partnership, Plaintiff and Appellant, v. ONEIDA COLD STORAGE AND WAREHOUSE, INC., a Colorado corporation, Defendant, Third-party Plaintiff, and Appellant, v. METALCLAD INSULATION CORPORATION OF CALIFORNIA, a California Corporation, Third-party Defendant, Fourth-party Plaintiff, and Appellee.

Court of Appeals of Utah.

Rehearing Denied May 3, 1994.

Attorney(s) appearing for the Case

Robert G. Gilchrist, Salt Lake City, Kermit A. Brashear, II, Craig A. Knickrehm, and Donald J. Straka, Omaha, NE, for plaintiff-appellant.

Jeffrey E. Nelson, Salt Lake City, for defendant-appellee.

Before DAVIS and JACKSON, JJ., and REGNAL W. GARFF, Senior District Judge.

OPINION

JACKSON, Judge:

Oneida Cold Storage and Warehouse, Inc. (Oneida) challenges the trial court's dismissal of breach of contract, breach of warranty, and negligence claims against Metalclad Insulation Corporation (Metalclad). Oneida specifically disputes the findings of fact upon which the trial court based its dismissal. Because Oneida has failed to marshal all the evidence in support of those findings, we refuse to consider its challenge and summarily...

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