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GOOD FUND, LTD.—1972 v. CHURCH

Civ. A. Nos. 75-M-1111, 75-M-1162 and 75-M-1296.

540 F.Supp. 519 (1982)

The GOOD FUND, LTD.—1972, a Texas limited partnership, and Good Financial Corporation, a Texas corporation, Plaintiffs, v. Marcus F. CHURCH and Marcus F. Church, Trustee; the Dow Chemical Company, a Delaware corporation; Rockwell International Corporation, a Delaware corporation; and the United States of America, Defendants. Perry S. McKAY, Charles C. McKay and the First National Bank of Denver, Personal Representative of the Estate of Marcus F. Church, Deceased, Successor to Marcus F. Church; Perry Sidway McKay, Successor to Marcus F. Church, Trustee, Plaintiffs, v. William C. ACKARD; Samuel Butler, Jr.; and Butler Investments, Ltd., a limited partnership, Intervenors, v. UNITED STATES of America; Dow Chemical Company; and Rockwell International Corporation, Defendants. GREAT WESTERN VENTURE, a Colorado Limited Partnership, Plaintiff, v. UNITED STATES of America; Dow Chemical Company and Rockwell International Corporation, Defendants.

United States District Court, D. Colorado.

May 27, 1982.

Attorney(s) appearing for the Case

Douglas Tisdale, Brownstein, Hyatt, Farber & Madden, Denver, Colo., for The Good Fund, Ltd. and Good Financial Corp.

Howard K. Holme, Charles J. Beise, Peter F. Breitenstein, Fairfield & Woods, Denver, Colo., for Marcus F. Church and Marcus F. Church, Trustee, Perry S. McKay, Charles S. McKay and The First National Bank, and William C. Ackard, Samuel Butler and Butler Investments, Ltd.

William F. Schoeberlein, Sherman & Howard, Denver, Colo., for Rockwell Intern. Corp.

Jake J. Chavez, Sp. Asst. U. S. Atty., Sherman & Howard, Denver, Colo., for The United States of America.

James E. Elliott, Jr., Larry R. Martinez, Elliott, Martinez & Allman, Denver, Colo., for Dow Chemical Co.

Robert G. Pierce, Butler, Landrum, Pierce & Turner, Lakewood, Colo., Robert Montgomery, Montgomery, Little, Young, Campbell & McGrew, P. C., Denver, Colo., for Great Western Venture.

Malcolm M. Murray, Asst. Atty. Gen., Denver, Colo., for State of Colo.

H. Lawrence Hoyt, Asst. County Atty., Golden, Colo., for Jefferson County, Colo.

MEMORANDUM OPINION AND ORDER FOR SUMMARY JUDGMENT AND FOR RULE 54(b) DETERMINATION

MATSCH, District Judge.

The extraordinary nature of the issues involved in this litigation has caused unique problems of case management. From the beginning it has been apparent that the traditional procedural model for pleading, discovery and trial would not be functional. Accordingly, for more than six years, I have directed the parties to proceed in particular phases, with...

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