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BERGESON v. MIDWAY DEVELOPMENT CO. NO. 3

No. 90CA1085.

817 P.2d 606 (1991)

Jerry R. BERGESON and Sharon Bergeson, Plaintiffs-Appellees, v. MIDWAY DEVELOPMENT CO. NO. 3, a Colorado limited partnership; Mike A. Leprino, individually, and as a general partner of Midway Development Co. No. 3; Ridgewood Realty, Inc., a Colorado corporation; and Elbert Wilcox, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

August 1, 1991.

Attorney(s) appearing for the Case

Bradley, Campbell, Carney & Madsen, P.C., Victor F. Boog, Golden, for plaintiffs-appellees.

Glen B. Maynard, P.C., Glen B. Maynard, Golden, for defendants-appellants.

Opinion by Judge JONES.

Defendants, Midway Development Co. No. 3, Mike A. Leprino, Ridgewood Realty, Inc., and Elbert Wilcox, appeal from the trial court order denying them attorney fees pursuant to § 13-17-101, et seq., C.R.S. (1987 Repl.Vol. 6A), against plaintiffs, Jerry R. and Sharon Bergeson. We affirm.

Plaintiffs initiated this action, asserting five claims against defendants. Two of the five claims were dismissed at the close of plaintiffs' case...

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