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ORCUTT v. SHOBER INV., INC.

No. 02-133.

69 P.3d 386 (2003)

2003 WY 60

Charles R. ORCUTT and Mary L. Orcutt, Appellants (Defendants/Third Party Plaintiffs), v. SHOBER INVESTMENTS, INC., d/b/a Shober Builders, Appellee (Plaintiff), and Mickey Shober, individually, Mike Shober, individually, and Linda Shober, individually, Appellees (Third Party Defendants).

Supreme Court of Wyoming.

March 19, 2003.

Attorney(s) appearing for the Case

Representing Appellants: Russell A. Hansen, Gillette, Wyoming.

Representing Appellees: Patrick J. Murphy and Jason A. Neville of Williams, Porter, Day & Neville, Casper, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

KITE, Justice.

[¶ 1] Shober Investments, Inc., d/b/a Shober Builders, filed a contract claim in district court against Charles R. and Mary L. Orcutt alleging a balance due of $18,610 for concrete work performed on the Orcutts' home. The Orcutts answered, counterclaimed, and filed a third-party complaint against Mickey, Mike, and Linda Shober. Shober Builders and the individual Shobers filed a motion for summary judgment when the Orcutts failed to timely respond...

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