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BREIGGAR PROPERTIES v. H.E. DAVIS & SONS

No. 20000882.

52 P.3d 1133 (2002)

2002 UT 53

BREIGGAR PROPERTIES, L.C., a Utah limited liability company, Plaintiff and Appellant, v. H.E. DAVIS & SONS, INC., a Utah corporation, and Sundance Development Corporation, a Utah corporation, Defendants and Appellee.

Supreme Court of Utah.

June 7, 2002.

Attorney(s) appearing for the Case

John C. Rooker, Salt Lake City, for plaintiff.

Stephen Quesenberry, Provo, David P. Williams, Eric K. Schnibbe, Salt Lake City, for defendants.

WILKINS, Justice:

¶ 1 Breiggar Properties, L.C., ("Breiggar") appeals from the trial court's grant of summary judgment in favor of H.E. Davis & Sons, Inc. ("Davis"). Because Breiggar's complaint was barred by the three-year statute of limitations in section 78-12-26(1) of the Utah Code, we affirm.

BACKGROUND

¶ 2 In reviewing a trial court's grant of summary judgment, we view all the facts and the reasonable inferences drawn from them...

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