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E & M SALES v. DIVERSIFIED METAL PRODUCTS

No. 20070690-CA.

221 P.3d 838 (2009)

2009 UT App 299

E & M SALES WEST, INC., dba Heatsource, a Utah corporation, Plaintiff and Appellant, v. Bechtel Jacobs Company, LLC, a Delaware limited liability company, Defendant, Third-party Plaintiff, and Appellee, v. DIVERSIFIED METAL PRODUCTS, INC., an Idaho corporation; and Diversified Control Systems, LLC, an Idaho limited liability company, Third-party Defendants and Appellee.

Court of Appeals of Utah.

October 22, 2009.

Attorney(s) appearing for the Case

Edward M. Garrett, Salt Lake City, for Appellant.

Kevin D. Swenson, Salt Lake City, for Appellee Diversified Metal Products, Inc.

Jennifer L. Lange and Bryan K. Benard, Salt Lake City, for Appellee Bechtel Jacobs Company, LLC.

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

OPINION

ORME, Judge:

¶ 1 Appellant E & M Sales West, Inc., seeks reversal of the summary judgment entered against it. We reverse with respect to an unjust enrichment claim, but otherwise affirm.

BACKGROUND

¶ 2 This case involves a series of contracts and subcontracts. Pursuant to a contract with the United States Department of Energy, appellee Bechtel Jacobs Company's duties included "environmental cleanup of the Molten Salt...

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