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R.A. REITHER CONST. v. WHEATLAND RURAL ELEC.

No. 83CA0264.

680 P.2d 1342 (1984)

R.A. REITHER CONSTRUCTION, INC., Plaintiff-Appellant, v. WHEATLAND RURAL ELECTRIC ASSOCIATION and Miner & Miner Consulting Engineers, Inc., Jointly and Severally, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

April 5, 1984.

Attorney(s) appearing for the Case

Michael J. Kudla, Longmont, for plaintiff-appellant.

Thomas McCaffrey, Thornton, Sherard, Sherard & Johnson, D.N. Sherard, Wheatland, Wyo., for defendant-appellee Wheatland Rural Electric Ass'n.

Houtchens, Houtchens & Daniel, Jerry C. Daniel, Greeley, for defendant-appellee Miner & Miner Consulting Engineers, Inc.

KELLY, Judge.

Plaintiff, R.A. Reither Construction, Inc., appeals judgments for defendants, Wheatland Rural Electric Association (WREA) and Miner & Miner Consulting Engineers, Inc., entered in a trial to the court. The court determined that Reither's claim against WREA was barred by an accord and satisfaction and dismissed Reither's claim against Miner & Miner pursuant to C.R.C.P. 41(b)(1). We affirm.

WREA, an electric distribution utility, entered...

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