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FOLEY v. PHASE ONE DEV. OF COLORADO

No. 87CA1475.

775 P.2d 86 (1989)

Lewis D. FOLEY, Plaintiff, v. PHASE ONE DEVELOPMENT OF COLORADO, INC., Defendant-Appellee and Cross-Appellant, and Concerning Robert W. Johnson and Scott Johnson, Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

May 4, 1989.

Attorney(s) appearing for the Case

Berniger, Berg, Rioth & Diver, P.C., Joseph W. Diver, Colorado Springs, Ferris, Brennan & Britton, Christopher Q. Britton, San Diego, Cal., for defendant-appellee and cross-appellant.

Michael D. Gross, P.C., Michael D. Gross, Colorado Springs, Holland & Hart, Gregory R. Piche, Colorado Springs, for appellants and cross-appellees.

STERNBERG, Judge.

The trial court awarded attorney fees to the defendant, Phase One Development of Colorado, Inc., against both plaintiff, Lewis D. Foley, and his attorneys, Robert W. Johnson and Scott Johnson. The Johnsons appeal, plaintiff does not, and the defendant cross-appeals. We reverse.

The Johnsons represented plaintiff in an action against his former employer, Phase One, in which plaintiff sought to recover certain interests in real estate projects...

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