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GARY PORTER CONST. v. FOX CONST., INC.

No. 20030071-CA.

101 P.3d 371 (2004)

2004 UT App 354

GARY PORTER CONSTRUCTION dba Porter & Sons, Plaintiff, Appellee, and Cross-appellant, v. FOX CONSTRUCTION, INC.; and National Surety Corp., Defendants, Appellants, and Cross-appellees.

Court of Appeals of Utah.

October 7, 2004.

Attorney(s) appearing for the Case

Jeffery R. Price and Michael E. Bostwick, Salt Lake City, for Appellants.

Brian W. Steffensen, Salt Lake City, for Appellee.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Fox Construction, Inc. (Fox) appeals from a trial court order granting summary judgment to Gary Porter Construction Porter. We affirm. Porter appeals from a trial court order granting summary judgment and awarding attorney fees to National Surety Corporation National. We reverse in part and remand. The appeals have been consolidated.

BACKGROUND

¶ 2 The University of Utah the University contracted...

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