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RAPP v. MOUNTAIN STATES TEL. & TEL. CO.

No. 16248.

606 P.2d 1189 (1980)

John M. RAPP, dba Rapp Construction Company, Plaintiff and Appellant, v. MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Defendant and Respondent.

Supreme Court of Utah.

February 1, 1980.

Attorney(s) appearing for the Case

Bryce E. Roe of Roe & Fowler, Salt Lake City, for plaintiff and appellant.

David S. Dolowitz of Parsons, Behle & Latimer, Kenneth R. Madsen, Salt Lake City, for defendant and respondent.

HALL, Justice:

This appeal comes from the dismissal of an action by John M. Rapp, doing business as Rapp Construction Co. (hereafter plaintiff) against Mountain States Telephone and Telegraph Co. (hereafter defendant) for damages due to breach of a construction agreement, and is accompanied by a cross-appeal of the dismissal of defendant's counterclaim alleging breach of contract by plaintiff.

Defendant, a Colorado corporation functioning as a public utility...

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