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WESTERN MUN. CONST. v. BETTER LIVING, LLC

No. S-09-0116.

234 P.3d 1223 (2010)

2010 WY 92

WESTERN MUNICIPAL CONSTRUCTION OF WYOMING, INC., Appellant (Plaintiff), v. BETTER LIVING, LLC, Appellee (Defendant).

Supreme Court of Wyoming.

June 29, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Raymond W. Martin and Kristin M. Nuss of Sundahl, Powers, Kapp & Martin, LLC, Cheyenne, WY. Argument by Mr. Martin.

Representing Appellee: Anthony Todd Wendtland of Wendtland & Wendtland, Sheridan, WY.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

HILL, Justice.

[¶ 1] Appellant, Western Municipal Construction (Western), challenges the district court's order granting summary judgment in favor of the Appellee, Better Living, LLC (Better Living). We will reverse and remand for entry of summary judgment in favor of Western.

ISSUE

[¶ 2] Western states this issue:

Did the district court improperly grant summary judgment for [Better Living] by failing to review the Settlement Agreement...

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