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JOHN WAGNER ASSOCIATES v. HERCULES, INC.

No. 890017-CA.

797 P.2d 1123 (1990)

JOHN WAGNER ASSOCIATES, d/b/a Grabber Utah, Plaintiff and Appellant, v. HERCULES, INC., Modulaire Industries, Inc., and John Does I-X, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Granted November 6, 1990.

Attorney(s) appearing for the Case

Darrel J. Bostwick and Robert F. Babcock, Walstad & Babcock, P.C., Salt Lake City, for plaintiff and appellant.

James M. Elegante, Mark S. Webber, Parsons, Behle & Latimer, Salt Lake City, for defendants and appellees.

Before BENCH, DAVIDSON and ORME, JJ.

OPINION

BENCH, Judge:

Plaintiff, John Wagner Associates, d/b/a Grabber Utah (Wagner), appeals the dismissal of its complaint against defendant Hercules, Inc. (Hercules). Wagner sought to recover compensation for construction materials supplied by Wagner for two modular buildings constructed on behalf of Hercules. We reverse and remand.

Hercules has an award/contract to build missiles for the United States Navy at its Bacchus Works plant. The plant...

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