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MOUNTAIN STATES TEL. v. DEPT. OF HWYS.

No. 91CA2074.

857 P.2d 502 (1993)

MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, d/b/a U.S. West Communications, Inc., Plaintiff-Appellee, v. STATE DEPARTMENT OF HIGHWAYS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 18, 1993.

Certiorari Granted August 23, 1993.

Attorney(s) appearing for the Case

Kathleen M. Shildmyer, Denver, for plaintiff-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Simon P. Lipstein, Asst. Atty. Gen., Denver, for defendant-appellant.

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan, Juan B. Otero, Denver, for amicus curiae Public Service Co. of Colorado and Utility Notification Center of Colorado.

Opinion by Judge METZGER.

Defendant, State Department of Highways, appeals from a judgment awarding property damages of $10,302.07 to plaintiff, Mountain States Telephone and Telegraph Company, d/b/a U.S. West Communications, Inc. We affirm.

The amended complaint alleged that, in January 1989, defendant's employees had excavated an area near a street intersection in order to place a traffic sign in the median strip. It further alleged that, during the excavation...

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