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MESA SAND AND GRAVEL v. LANDFILL, INC.

No. 84CA1387.

759 P.2d 757 (1988)

MESA SAND AND GRAVEL CO., Plaintiff-Appellee, Cross-Appellant, v. LANDFILL, INC., Defendant-Appellant, Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 17, 1988.

Rehearing Denied April 7, 1988.

Certiorari Granted August 1, 1988.

Attorney(s) appearing for the Case

Martin, Knapple, Humphrey & Tharp, Joel C. Maguire, Boulder, for plaintiff-appellee, cross-appellant and defendant on counterclaim.

Parcel, Mauro, Hultin & Spaanstra, Paul F. Hultin, Marcus L. Squarrell, Denver, for defendant-appellant, cross-appellee.

Rehearing Denied (Mesa Sand) March 17, 1988.

Rehearing Denied (Landfill) April 7, 1988.

Certiorari Granted (Landfill) August 1, 1988.

BABCOCK, Judge.

Defendant and third-party plaintiff, Landfill, Inc. (Landfill), the operator of a landfill operation, appeals the judgment of the trial court awarding damages to plaintiff, Mesa Sand and Gravel Company (Mesa). Mesa is engaged in the business of excavation and sale of earthen material. Mesa cross...

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