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WILSON & CO. v. WALSENBURG SAND & GRAVEL

No. 87CA1658.

779 P.2d 1386 (1989)

WILSON AND COMPANY, ENGINEERS AND ARCHITECTS, Plaintiff-Appellee and Cross-Appellant, v. WALSENBURG SAND AND GRAVEL COMPANY, INC., Defendant-Appellant and Cross-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellee and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 31, 1989.

Attorney(s) appearing for the Case

L. Douglas Beatty, Colorado Springs, for plaintiff-appellee and cross-appellant.

Ernest U. Sandoval, Walsenburg, for defendant-appellant and cross-appellee.

Weller, Friedrich, Ward & Andrew, Andrew J. Friedrich and Barry F. Benson, Denver, for defendant-appellee and cross-appellee.

TURSI, Judge.

Defendant Walsenburg Sand & Gravel Co., Inc., (WSG) appeals the sufficiency of the judgment entered on its counterclaim against the plaintiff, Wilson & Co. (Wilson). WSG also appeals the award of attorneys fees and expenses entered in favor of defendant Fidelity and Deposit Company of Maryland (Fidelity) on Fidelity's cross-claim against WSG. Wilson cross-appeals the dismissal of its claims against WSG and Fidelity. We affirm the judgment in...

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