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SCHWARTZ v. TOM BROWN, INC.

No. 81CA1131.

649 P.2d 733 (1982)

Mark SCHWARTZ By and Through his guardians Julie SCHWARTZ and Jim Richardson, Plaintiff-Appellant, v. TOM BROWN, INC., a Nevada corporation, Defendant-Appellee, Texas Tanque Mfg., a Texas corporation, and Industrial Gas Services, Inc., a Colorado corporation, Defendants.

Colorado Court of Appeals, Div. III.

July 15, 1982.

Attorney(s) appearing for the Case

Andersen & Gehlhausen, P. C., John Gehlhausen, Lamar, for plaintiff-appellant.

Rector, Retherford, Mullen & Johnson, L. Dan Rector, Colorado Springs, for defendant-appellee.

KIRSHBAUM, Judge.

Plaintiff, Mark Schwartz, by and through his guardians Julie Schwartz and Jim Richardson, appeals the trial court's judgment granting a motion for summary judgment filed by defendant Tom Brown, Inc. We affirm.

The record discloses the following undisputed facts. Tom Brown, Inc., owns certain real property, known as the Barrel Springs gas fields, near Lamar, Colorado. In 1974, the Lamar Utilities Board (the Board) contracted with Tom Brown...

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