Salt Lake City Corp. v. Kasler Corp.

AMENDED MEMORANDUM DECISION AND ORDER RE: SUMMARY JUDGMENT

J. THOMAS GREENE, District Judge.

Introduction

This matter came before the Court on third-party defendant Monroe’s motion for summary judgment and third-party plaintiff Kasler’s constitutional challenge to Utah’s Uniform Commercial Code statute of repose, Utah Code Ann. (1990) § 70A-2-725. Third-party plaintiff, Kasler, was represented by Lynn Larsen and Jack Reed. Third-party defendant Monroe was represented by George Naegle, Michael Drake and Nelson L. Hayes. Pursuant to 28 U.S.C. § 2403, which declares that the state shall be allowed…