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LEGER CONSTRUCTION, INC. v. ROBERTS, INC.

No. 13737.

550 P.2d 212 (1976)

LEGER CONSTRUCTION, INC., a corporation, Plaintiff and Appellant, v. ROBERTS, INC., Defendant and Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Added Defendant.

Supreme Court of Utah.

May 21, 1976.

Attorney(s) appearing for the Case

John L. McCoy, of Ryberg, McCoy & Halgren, Salt Lake City, for plaintiff and appellant.

Roe & Fowler, Salt Lake City, for defendant and respondent.

HENRIOD, Chief Justice:

Appeal from a judgment on Roberts' counterclaim, as subcontractor, under an agreement with Leger. The latter was the prime contractor on two public maintenance station jobs. Affirmed in part and reversed in part. No costs awarded.

Leger obtained a bond from defendant U.S.F. & G., running in favor of himself, laborers and materialmen. The contract with Roberts having to do with the plumbing was to be completed by November 30, 1971...

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