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EDSA/CLOWARD, L.L.C. v. KLIBANOFF

No. 20040695-CA.

122 P.3d 646 (2005)

2005 UT App 367

EDSA/CLOWARD, L.L.C., Plaintiff and Appellant, v. Daniel KLIBANOFF; Red Sea Development, L.C.; The Homestead Lodge, L.C.; Zions First National Bank; Randall R. Heaton; Reed Demordaunt; Bruce Rees; Nathan B. Winters; R/C Engineering, Inc.; Ray, Quinney, & Nebeker; Atlas Machinery Company; Komatsu Equipment Co.; Jack Johnson Company; and John Does 1-20, Defendants and Appellee.

Court of Appeals of Utah.

September 1, 2005.

Attorney(s) appearing for the Case

Richard J. Armstrong, Wood & Crapo LLC, Salt Lake City, for Appellant.

John B. Wilson and Laura S. Scott, Parsons Behle & Latimer, Salt Lake City, for Appellee.

Before Judges BENCH, GREENWOOD, and THORNE.

OPINION

BENCH, Associate Presiding Judge:

¶ 1 Plaintiff EDSA/CLOWARD (EDSA) appeals an order granting a summary judgment motion in favor of Defendant Daniel Klibanoff. We reverse.

BACKGROUND

¶ 2 From October 2000 through June 2002, EDSA provided services and materials worth $555,432.46 for a thirteen acre planned development (the property) located in Midway, Utah. Ken Forrest and Tim...

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