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GREAT WESTERN SUGAR CO. v. KN ENERGY

No. 87CA1477.

778 P.2d 272 (1989)

The GREAT WESTERN SUGAR COMPANY, Plaintiff-Appellee and Cross-Appellant, v. KN ENERGY, INC., (Formerly Kansas Nebraska Natural Gas Company), Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 6, 1989.

Attorney(s) appearing for the Case

Holmes & Starr, Kenneth L. Starr and Jeffrey Reiman, Denver, and Melvin Richter, Washington, D.C., for plaintiff-appellee and cross-appellant.

Morris, Lower & Sattler, Robert L. Morris and P. Kathleen Lower, Denver, and Arnold R. Madigan, Lakewood, for defendant-appellant and cross-appellee.

FISCHBACH, Judge.

Defendant, KN Energy, Inc. (Seller), which in a prior proceeding was determined to have breached its contract with plaintiff, the Great Western Sugar Co. (Buyer), appeals the trial court's damages award. Primarily, it challenges the amount awarded as prejudgment interest pursuant to § 5-12-102(1)(a), C.R.S. (1988 Cum.Supp.) based on Seller's "gain realized" as a result of the breach. Buyer cross-appeals...

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