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GOLD RUSH INV. v. G.E. JOHNSON CONST.

No. 87CA1801.

807 P.2d 1169 (1990)

GOLD RUSH INVESTMENTS, INC., Plaintiff-Appellee and Cross-Appellant, v. G.E. JOHNSON CONSTRUCTION COMPANY, INC., and Reliance Insurance Company, Defendants-Appellants and Cross-Appellees. UNICON CONSTRUCTION, INC., Defendant and Third-Party Plaintiff-Appellant and Cross-Appellee, v. SISTERS III PLUMBING AND HEATING, INC., and American Home Assurance Company, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing September 20, 1990.

Certiorari Granted March 25, 1991.

Attorney(s) appearing for the Case

Vinton, Slivka & Panasci, Richard P. Slivka, David L. Dain, Jane A. Tidball, Denver, for plaintiff-appellee and cross-appellant Gold Rush Investments, Inc.

Sparks, Dix, Enoch & Winslow, P.C., R. Kenneth Sparks, Robert M. Willson, Colorado Springs, Cooper & Kelley, P.C., Thomas B. Kelley, Denver, for defendants-appellants and cross-appellees G.E. Johnson Const. Co., Inc. and Reliance Ins. Co., and defendant and third-party plaintiff-appellant and cross-appellee Unicon Const., Inc.

Moye, Giles, O'Keefe, Vermeire & Gorrell, Teryl R. Gorrell, Jerry N. Jones, Denver, for third-party defendants-appellees Sisters III Plumbing and Heating, Inc.

Opinion by Judge CRISWELL.

In this breach of contract action, defendant, Unicon Construction, Inc., appeals from the judgment entered on a jury verdict awarding damages in favor of plaintiff, Gold Rush Investments. Unicon also appeals from the judgment entered against it on its claim for indemnity asserted against third-party defendant, Sisters III Plumbing and Heating, Inc. Joining Unicon in this appeal are G.E. Johnson Construction Co., Inc., and Reliance Insurance...

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