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INTERSTATE EXCAVATING v. AGLA DEVELOPMENT

No. 16599.

611 P.2d 369 (1980)

INTERSTATE EXCAVATING, INC., Plaintiff and Respondent, v. AGLA DEVELOPMENT CORPORATION, Defendant and Appellant.

Supreme Court of Utah.

April 18, 1980.

Attorney(s) appearing for the Case

Robert M. McRae of McRae & DeLand, Salt Lake City, for defendant and appellant.

E.H. Fankhauser, Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Defendant Agla Development Corporation seeks reversal of the denial of its motion based on Rule 60(b), U.R.C.P.,1 to set aside a default judgment for $46,101.70 for labor and materials furnished in construction of water and sewer systems in two subdivisions being developed by the defendant in Salt Lake County.

Plaintiff commenced this action on May 16, 1978. Defendant responded with an answer asserting...

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