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COLORADO INTERSTATE GAS v. CHEMCO

No. 89CA0594.

833 P.2d 786 (1991)

COLORADO INTERSTATE GAS COMPANY, INC., a Delaware corporation, Plaintiff-Appellee and Cross-Appellant, v. CHEMCO, INC., R.E. Neher, Zelda Neher, G. Hamilton Neher, Robin Neher Cann, Robin Investment Co., Inc., Kirchner Farm Associates and Dempsey Investment Company, Inc., Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 20, 1992.

Certiorari Granted August 17, 1992.

Attorney(s) appearing for the Case

Sparks, Dix, Enoch & Winslow, P.C., R. Kenneth Sparks, Robert M. Wilson, Michael L. Williams and Rebecca H. Noecker, Colorado Springs, for plaintiff-appellee and cross-appellant.

Davis & Ceriani, P.C., Gary J. Ceriani and Michael P. Cillo, Denver, for defendants-appellants and cross-appellees.

Opinion by Judge MARQUEZ.

Defendants, Chemco, Inc., R.E. Neher, Zelda Neher, G. Hamilton Neher, Robin Neher Cann, Robin Investment Co., Inc., Kirchner Farm Associates and Dempsey Investment Company, Inc., (Chemco) appeal the dismissal of their counterclaims for fraud and tortious breach of contract. Plaintiff, Colorado Interstate Gas Company, Inc. (CIG), cross-appeals the judgment entered on the trial court's ruling that it

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