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W.R.H., INC. v. ECONOMY BUILDERS SUPPLY

No. 16712.

633 P.2d 42 (1981)

W.R.H., INC., a Utah corporation, and W. Reid Horne, individually, and for and on behalf of Townhouse II, a limited partnership, Plaintiffs and Appellants, v. ECONOMY BUILDERS SUPPLY, a Utah corporation, Gene's Building Materials, Inc., a Utah corporation, Publishers Paper Co., a Delaware corporation, and Puget Sound Plywood, Inc., a Washington cooperative association, Defendants and Respondents.

Supreme Court of Utah.

June 24, 1981.

Attorney(s) appearing for the Case

Elliott J. Williams, Bruce H. Jensen, Salt Lake City, for plaintiffs and appellants.

Charles Craig Brown, Boyd M. Fullmer, Dennis McCarthy, Alan L. Sullivan, Salt Lake City, for defendants and respondents.

MAUGHAN, Chief Justice:

The plaintiff appeals the District Court's entry of summary judgment in favor of the defendant manufacturers and retailers. The District Court's granting of summary judgment was based on its finding that the plaintiffs' claims for breach of warranty were barred by the applicable statute of limitations and that the plaintiffs' allegations of negligent manufacture failed to state a claim upon which relief could be granted. We reverse and remand...

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