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DEVELOPMENT RECOVERY v. PUBLIC SERVICE CO.

Court of Appeals No. 16CA0940.

410 P.3d 1264 (2017)

2017 COA 86

DEVELOPMENT RECOVERY COMPANY, LLC, Plaintiff-Appellant, v. PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy Company, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Announced June 15, 2017.

Attorney(s) appearing for the Case

MMARTINLAW LLC, E. Gregory Martin , Michael G. Martin , Denver, Colorado, for Plaintiff-Appellant.

Gordon & Rees LLP, John M. Palmeri , Franz Hardy , Lance J. Ream , Gregory S. Hearing II , Denver, Colorado, for Defendant-Appellee.

Cynthia H. Coffman , Attorney General, Jessica L. Lowrey , Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado Public Utilities Commission.

¶ 1 In this case, we are asked to decide whether the district court has jurisdiction over a breach of contract case against a public utility where the essence of the claims involves the enforcement of tariffs. We conclude that where common-law claims are, in essence, brought to enforce the rates, charges, or tariffs...

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