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CHEEK v. CLAY BULLOCH CONST., INC.

No. 20100479-CA.

269 P.3d 964 (2011)

2011 UT App 418

Dennis CHEEK, Plaintiff and Appellant, v. CLAY BULLOCH CONSTRUCTION, INC., a Utah corporation, and Clay Bulloch, an individual, Defendants and Appellees.

Court of Appeals of Utah.

December 8, 2011.

Attorney(s) appearing for the Case

Kay L. McIff , Richfield, for Appellant.

V. Lowry Snow , Joshua R. Forest , and J. David Westwood , St. George, for Appellees.

Before Judges ORME, ROTH, and CHRISTIANSEN.

MEMORANDUM DECISION

ORME, Judge:

¶ 1 We are asked to reverse a dismissal for failure to prosecute. The dispute between plaintiff Dennis Cheek and defendants Clay Bulloch Construction, Inc. and Clay Bulloch (collectively, Bulloch) arose over alleged breaches of a construction contract in 2003. Cheek's claims of breach were twofold: first, that Bulloch erected the building partly on another's property, and second, that Bulloch defectively constructed...

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