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LOCAL GOVERNMENT TRUST v. WHEELER MACHINERY

No. 20050557-CA.

154 P.3d 175 (2006)

2006 UT App 513

UTAH LOCAL GOVERNMENT TRUST, Plaintiff and Appellant, v. WHEELER MACHINERY CO., Defendant and Appellee.

Court of Appeals of Utah.

December 29, 2006.

Attorney(s) appearing for the Case

Scott M. Lilja and Nicole M. DeForge, Van Cott Bagley Cornwall & McCarthy, Salt Lake City, and Huey P. Cotton, Los Angeles, California, for Appellant.

Joseph C. Rust and Matthew G. Bagley, Kesler & Rust, Salt Lake City, for Appellee.

Before BENCH, P.J., ORME and THORNE, JJ.

OPINION

ORME, Judge:

¶ 1 After a roof fire at its power plant, Appellant Utah Local Government Trust (the City)1 brought a claim against Appellee Wheeler Machinery Co. (Wheeler). The City alleged, under negligence and contract theories, that Wheeler was responsible for the exhaust system modification that caused the fire. The trial court granted summary judgment in favor of Wheeler, and the City now appeals. We reverse....

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