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COLORADO INTERSTATE GAS CO. v. CHEMCO, INC.

No. 92SC163.

854 P.2d 1232 (1993)

COLORADO INTERSTATE GAS COMPANY, a Delaware corporation, Petitioner, v. CHEMCO, INC.; Robin Investment Co., Inc.; R.E. Neher; Dempsey Investment Co., Inc.; G. Hamilton Neher; Kirchner Farm Associates; and Robert Jones, Respondents.

Supreme Court of Colorado, En Banc.

June 14, 1993.

Attorney(s) appearing for the Case

Colorado Interstate Gas Co., Michael L. Williams, Rebecca H. Noecker, Colorado Springs, Robert S. Summers, Ithaca, NY, Holland & Hart, Elizabeth A. Phelan, Denver, James J. White, Ann Arbor, MI, for petitioner.

Davis & Ceriani, P.C., Gary J. Ceriani, John W. Himmelmann, Denver, Richard R. Helmick, Kailua-Kona, HI, for respondents.

Hall & Evans, Kirk R. McCormick, Colorado Springs, for amici curiae Interstate Nat. Gas Ass'n of America, Wyoming Public Service Com'n, Public Service Co. of Colorado, Greeley Gas Co., The City of Colorado Springs.

Chief Justice ROVIRA delivered the Opinion of the Court.

We accepted certiorari to review the court of appeals decision in Colorado Interstate Gas Co., Inc. v. Chemco, 833 P.2d 786 (Colo.App.1991), holding that the damages awarded by the trial court were appropriate for breach of a take-or-pay provision in a natural gas contract and that the award did not violate either due process or basic principles of contract law. We affirm...

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