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  5. 754 P.2d 1172 (1988)
 

DENVER v. MOUNTAIN STATES TEL. & TEL.

No. 86SC203.

754 P.2d 1172 (1988)

The CITY AND COUNTY OF DENVER; The Department of Public Works and Division of Wastewater Management Thereof, Petitioners, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Respondent.

Supreme Court of Colorado, En Banc.

May 23, 1988.

Attorney(s) appearing for the Case

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

Bruce G. Smith, Linnea M. Simons, Denver, for respondent.

Hayes & Phillips, P.C., Herbert C. Phillips, Victoria M. Bunsen, Denver, for amicus curiae Cities of Northglenn and Federal Heights.

Gerald E. Dahl, Denver, for amicus curiae Colorado Mun. League.

VOLLACK, Justice.

The City and County of Denver (Denver) appeals from Mountain States Tel. & Tel. Co. v. City & County of Denver, 725 P.2d 52 (Colo.App.1986), in which the Colorado Court of Appeals reversed the judgment of the Denver District Court granting summary judgment in favor of Denver. We reverse the judgment of the court of appeals.

I.

The facts are not in dispute. In 1981, the Wastewater...

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