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CITY OF COLO. SPRINGS v. GENERAL INS. CO.

No. 79CA0486.

616 P.2d 147 (1980)

CITY OF COLORADO SPRINGS, a Municipal Corporation, State of Colorado, Plaintiff-Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, Safeco Insurance Company of America, Washington Corporations; and Mountain States Investment Builders; Gene A. Becker, Individually and as a partner in and d/b/a Mountain States Investment Builders, a partnership; Dick N. Richards, Individually and as a partner in and d/b/a Mountain States Investment Builders, a partnership; and Clyde Skeen, Individually and as a partner in and d/b/a Mountain States Investment Builders; John Does, one through five inclusive, Individually and as a partner in and d/b/a Mountain States Investment Builders, Defendants-Appellees, and The Union Printers Home, Third-Party Defendant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 15, 1980.

Certiorari Granted August 18, 1980.

Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, Jerry A. Retherford, Neil C. Bruce, Colorado Springs, for plaintiff-appellant.

Cross, Gaddis & Kin, P. C., Larry R. Gaddis, Colorado Springs, Grant, McHendrie, Haines & Crouse, P. C., Peter J. Crouse, Denver, for defendants-appellees.

COYTE, Judge.

Plaintiff, the City of Colorado Springs, appeals from a summary judgment in favor of defendants Mountain States Investment Builders (MSIB), as principal, and Safeco Insurance Company and General Insurance Company, as sureties, on a surety bond filed by MSIB in connection with the construction of street improvements in a platted subdivision. We reverse.

This dispute arose from MSIB's attempt to develop a subdivision within the City of

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