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W.R. HALL CONST. v. H.W. MOORE EQUIPMENT CO.

No. 82CA0498.

661 P.2d 1183 (1982)

W.R. HALL CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff-Appellant, v. H.W. MOORE EQUIPMENT COMPANY, a Delaware corporation, Sun Coal Company, Inc., a Colorado corporation and A.T. Massey Co., Inc., a Virginia Corp., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 12, 1982.

Certiorari Denied April 18, 1983.

Attorney(s) appearing for the Case

Conover, McClearn, Heppenstall & Kearns, P.C., Hugh J. McClearn, Michael J. Cook, Denver, for plaintiff-appellant.

Ireland, Stapleton & Pryor, P.C., Tucker K. Trautman, Denver, for defendant-appellee H.W. Moore Equipment Co.

Parcel, Talesnick, Meyer & Schwartz, P.C., Joseph E. Meyers, III, Denver, for defendants-appellees Sun Coal Co., Inc., and A.T. Massey Co., Inc.

COYTE, Judge.

Plaintiff, W.R. Hall Construction Company (Hall), appeals a judgment of the trial court dismissing H.W. Moore Equipment Company (Moore) from its suit filed in Routt County. We reverse.

Hall entered into a contract with Sun Coal Company and A.T. Massey Co., Inc., to mine and deliver coal to those companies. In order to fulfill its contract commitments, Hall purchased heavy equipment from Moore on credit. Hall subsequently ceased mining the coal...

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