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GARDNER v. MID-CONTINENT COAL AND COKE COMPANY

No. 19459.

368 P.2d 204 (1962)

Harry I. GARDNER, Maurice I. Gardner, Warren E. Gardner, and Richard L. Gardner, general partners doing business as Gardner Construction Company, Plaintiffs in Error, v. MID-CONTINENT COAL AND COKE COMPANY, a corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

January 22, 1962.

Attorney(s) appearing for the Case

Charles F. Stewart, Glenwood Springs, Wagner & Wyers, Denver, for plaintiffs in error.

Robert Delaney, Kenneth Balcomb, Glenwood Springs, for defendant in error.

HALL, Justice.

The parties appear here in the same order as in the trial court. We refer to them as Gardner and Mid-Continent.

Gardner filed its complaint on September 4, 1958, alleging for a FIRST CLAIM that Mid-Continent, effective as of July 1, 1957, requested it to haul coal from Mid-Continent's mine to the railhead near Carbondale, and offered to pay therefor $3.00 per ton for the first 5000 tons hauled per month, and $2.00 per ton for all in excess of...

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