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DENVER PUB. CO. v. KIRK

No. 84CA0046.

729 P.2d 1004 (1986)

The DENVER PUBLISHING COMPANY, a Colorado corporation, Plaintiff-Appellant and Cross-Appellee, v. DeWayne C. KIRK, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 31, 1986.

Certiorari Denied December 2, 1986.

Attorney(s) appearing for the Case

Baker & Hostetler, Bruce D. Pringle, Marc D. Flink, Denver, for plaintiff-appellant and cross-appellee.

Pryor, Carney & Johnson, P.C., W. Randolph Barnhart, Rodney R. Patula, Elaine Ashe Wohlner, Arlene V. Dykstra, Englewood, for defendant-appellee and cross-appellant.

BABCOCK, Judge.

In this action on open account by plaintiff, The Denver Publishing Company (the News), the trial court directed a verdict in favor of defendant, DeWayne C. Kirk (Kirk), on plaintiff's claim and directed a verdict in favor of the News on Kirk's counterclaim for outrageous conduct. It submitted Kirk's counterclaim for willful and wanton breach of contract to the jury, and entered judgment for Kirk in accordance with the jury verdict in his favor. Both...

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