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TRIPP v. COTTER CORP.

No. 82CA1304.

701 P.2d 124 (1985)

W.D. TRIPP, Plaintiff-Appellee and Cross-Appellant, v. COTTER CORPORATION, a New Mexico corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 25, 1985.

Attorney(s) appearing for the Case

Constantine & Prochnow, P.C., Thomas J. Constantine, Lawrence J. Smylie, Englewood, for plaintiff-appellee and cross-appellant.

Holme, Roberts & Owen, Boyd N. Boland, Berenbaum & Weinshienk, Carole K. Jeffery, Denver, for defendant-appellant and cross-appellee.

SMITH, Judge.

In this mining contract dispute, Cotter Corporation, defendant, appeals from a judgment entered against it, contending that the trial court erred in excluding certain testimony and evidence concerning the meaning of the contractual phrase "cost of... milling" and in awarding prejudgment interest to W.D. Tripp, plaintiff. Tripp cross-appeals asserting as error the trial court's ruling excluding evidence offered to support his fifth claim for relief in...

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