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COLONIAL BLDG. SUPPLY v. CONSTRUCTION ASSOCIATES, INC.

No. 20070533-CA.

198 P.3d 1017 (2008)

2008 UT App 436

COLONIAL BUILDING SUPPLY, LLC, Plaintiff, v. CONSTRUCTION ASSOCIATES, INC., separately and dba KRT Drywall; Bud Bailey Construction, Inc.; Layton Pointe, LC; and John Does I-X, Defendants. Bud Bailey Construction, Inc., Cross-claimant, Third-party Plaintiff, and Appellee, v. Construction Associates, Inc. separately and dba KRT Drywall; and William Kim Pitcher, Cross-claim Defendants and Third-party Defendant, Cache Valley Bank, Garnishee and Appellant.

Court of Appeals of Utah.

Rehearing Denied January 16, 2009.

Attorney(s) appearing for the Case

N. George Daines, Logan, for Appellant.

Robert F. Babcock and Cody W. Wilson, Salt Lake City, for Appellee.

Before Judges BENCH, BILLINGS, and McHUGH.

OPINION

McHUGH, Judge:

¶ 1 Cache Valley Bank (Bank) appeals the trial court's Order that Bank pay $38,769.71, the amount remaining on Bud Bailey Construction, Inc.'s (Bud Bailey) judgment against Construction Associates, Inc.1 We reverse and remand.

BACKGROUND

¶ 2 On November 1, 2006, Bud Bailey served Bank with a Writ of Garnishment to obtain the funds Bank held on behalf of Construction Associates...

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