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MOUNTAIN STATES TEL. AND TEL. CO. v. DENVER

No. 85CA0006.

725 P.2d 52 (1986)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER; the Department of Public Works and Division of Wastewater Management Thereof, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 15, 1986.

Certiorari Granted September 29, 1986.

Attorney(s) appearing for the Case

Bruce G. Smith, Denver, for plaintiff-appellant.

Stephen H. Kaplan, City Atty., George J. Cerrone, Jr., Andrew L. Weber, Asst. City Attys., Denver, for defendants-appellees.

Certiorari Granted (City) September 29, 1986.

STERNBERG, Judge.

Plaintiff, Mountain States Telephone and Telegraph Company (MSTTC), appeals from an order granting summary judgment in favor of defendant, City and County of Denver (Denver). We reverse.

MSTTC, a Colorado corporation, is in the business of providing telephone service across Colorado. It operates as a public utility regulated by the Public Utilities Commission. The Denver Department of...

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