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MERRICK YOUNG INC. v. WAL-MART REAL ESTATE

No. 20090227-CA.

257 P.3d 1031 (2011)

2011 UT App 164

MERRICK YOUNG INCORPORATED, a Utah Corporation; and Clyde G. Seely, an individual, Plaintiff, Appellant, and Cross-appellee, v. WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware Business Trust; The American Insurance Company, a Nebraska corporation; et al., Defendants and Appellees, and Engineered Structures, Inc., an Idaho corporation, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

May 19, 2011.

Attorney(s) appearing for the Case

E. Scott Savage , Stephen R. Waldron , and Kyle C. Thompson , Salt Lake City, for Appellant and Cross-appellee.

Clark B. Fetzer , Salt Lake City, and Kim Trout and Vicky J. Elkin , Boise, Idaho, for Appellees and Cross-appellant.

Before Judges THORNE, VOROS, and ROTH.

OPINION

ROTH, Judge:

¶ 1 Plaintiff Merrick Young Incorporated (Merrick Young) challenges the trial court's dismissal with prejudice of its claims (the Wal-Mart project claims) against Defendants Engineered Structures, Inc. (ESI), Wal-Mart Real Estate Business Trust, and the American Insurance Company. The trial court entered the order of dismissal based on the stipulation of Defendants and involuntary Plaintiff Clyde G. Seely, who the trial court determined...

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