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DISCOVERY LAND & DEVELOPMENT v. COLORADO-ASPEN

No. 76-943.

577 P.2d 1101 (1977)

DISCOVERY LAND AND DEVELOPMENT COMPANY, a Colorado Corporation, and Gary W. Short, Plaintiffs-Appellants, v. COLORADO-ASPEN DEVELOPMENT CORP., a Colorado Corporation, Mitchell Development Corporation of the Southwest, a Texas Corporation, Mitchell Energy and Development Corp., a Texas Corporation, and Mitchell Energy Corp., a Texas Corporation, Defendants-Appellees.

Colorado Court of Appeals, Division II.

Rehearing Denied February 9, 1978.

Attorney(s) appearing for the Case

Neef, Swanson & Myer, Glen B. Clark, Jr., Denver, for plaintiffs-appellants.

Saunders, Snyder, Ross & Dickson, P. C., William J. Kirven, III, Denver, for defendants-appellees.

RULAND, Judge.

The plaintiffs, Discovery Land and Development Co. (Discovery) and Gary W. Short, appeal from a summary judgment dismissing their complaint against the defendants, Colorado-Aspen Development Corporation, Mitchell Development Corporation of the Southwest, Mitchell Energy and Development Corporation, and Mitchell Energy Corporation. We reverse and remand for further proceedings.

Based upon the pleadings, depositions, and affidavits before the...

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