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SHARP BROS. CONTR. v. WESTVACO CORP.

No. 89CA1969.

817 P.2d 547 (1991)

SHARP BROS. CONTRACTING COMPANY and Sanders Company, Inc., a joint venture, Plaintiffs-Appellants, v. WESTVACO CORPORATION, American Steel and Iron Works, Inc., American Painting and Sandblasting, Inc., and Carboline Company, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 2, 1991.

Certiorari Denied September 16, 1991.

Attorney(s) appearing for the Case

Dickinson, Everstine, Kelly & Prud'Homme, Michelle Prud'Homme, Denver, and Niewald, Waldeck, Norris & Brown, Kevin Glynn, Kansas City, Mo., for plaintiffs-appellants.

Calkins, Kramer, Grimshaw & Harring, Edward J. Blieszner, Denver, and Seigfreid, Bingham, Levy, Selzer & Gee, P.C., Paul G. Schepers and Duane J. Fox, Kansas City, Mo., for defendant-appellee Westvaco Corp.

Hall & Evans and Paul R. Franke, III, Denver, for defendant-appellee American Steel and Iron Works, Inc.

Wood, Ris & Hames, P.C., Colin C. Campbell, Denver, for American Painting and Sandblasting, Inc.

Holme, Roberts & Owen, David Steefel, Jeffrey Chase, Denver, and Popkin & Stern, Michael H. Wetmore and Daniel L. Goldberg, St. Louis, Mo., for defendant-appellee Carboline, Inc.

Opinion by Judge MARQUEZ.

Plaintiffs, Sharp Bros. Contracting Co. and Sanders Company, Inc., a joint venture, appeal from a judgment of the trial court dismissing all but one claim against defendant Westvaco Corporation, and all claims against defendants American Steel and Iron Works, Inc., and American Painting and Sandblasting, Inc. We affirm in part, reverse in part, and remand for further proceedings.

In late 1980, plaintiffs' joint venture entered an...

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