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LOFTUS v. ROMSA CONST., INC.

No. 95-111.

913 P.2d 856 (1996)

John R. LOFTUS, Jr., and Gwendolyn B. Loftus, Appellants (Plaintiffs), v. ROMSA CONSTRUCTION, INC., a Wyoming corporation, Appellee (Defendant).

Supreme Court of Wyoming.

March 25, 1996.

Attorney(s) appearing for the Case

Bert T. Ahlstrom, Jr. and Jennifer A. Cudworth, Cheyenne, for Appellants.

James N. Wolfe and David D. Uchner, Cheyenne, for Appellee.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

THOMAS, Justice.

In this case, John R. Loftus, Jr. and his wife, Gwendolyn B. Loftus (collectively Loftus), question whether an affirmative defense, specifically the statute of repose found in WYO.STAT. § 1-3-111 (1988), must be deemed waived by the failure to plead it or by admitting an inconsistent factual allegation. Romsa Construction, Inc. (Romsa), not only failed to plead the statute of repose in its answer, but...

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