MONTEZUMA PLUMBING v. HOUSING AUTHORITY, ETC.

No. 81CA0798.

651 P.2d 426 (1982)

MONTEZUMA PLUMBING & HEATING, INC., a Colorado corporation, Plaintiff-Appellant, v. The HOUSING AUTHORITY OF MONTEZUMA COUNTY, Defendant-Appellee, MOUNTAIN GRAVEL & CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. The HOUSING AUTHORITY OF MONTEZUMA COUNTY, Balboa Insurance Company, Defendants-Appellees, Colvet, Inc., Defendant, B & D Electric, Inc., Plaintiff, Ken WEGHER and Durango Ornamental Iron, Intervenors-Appellants, v. BALBOA INSURANCE COMPANY, The Housing Authority of Montezuma County, Defendants-Appellees, Roger Long, Russell E. Hindmarsh, Public Trustee, Colvet, Inc., Montezuma Plumbing & Heating, Inc., Defendants.

Colorado Court of Appeals, Div. III.

Rehearings Denied June 3, 1982.

Certiorari Denied September 27, 1982.


Attorney(s) appearing for the Case

Bob D. Slough, Cortez, for plaintiff-appellant Montezuma Plumbing & Heating, Inc.

Jon R. Ker, Durango, for intervenors-appellants Ken Wegher and Durango Ornamental Iron.

Robert R. Wilson, Cortez, for plaintiff-appellant Mountain Gravel & Const. Co., Inc.

Tilly & Graves, P. C., David D. Schlachter, L. Jay Labe, Denver, for defendants-appellees Balboa Ins. Co. and The Housing Authority of Montezuma County.


TURSI, Judge.

Appellants seek to set aside summary judgments dismissing their respective claims. We affirm in part and reverse in part.

In actions consolidated for trial, appellants, Montezuma Plumbing & Heating, Ken Wegher, Durango Ornamental Iron, and Mountain Gravel & Construction Company, are unpaid suppliers of labor and materials for a housing project of which the Housing Authority was the owner and Colvet, Inc., the principal contractor. Pursuant...

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