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SHARP BROS. CONTR. v. WESTVACO CORP.

No. 92CA1772.

878 P.2d 38 (1994)

SHARP BROS. CONTRACTING COMPANY AND SANDERS COMPANY, INC., a joint venture, Plaintiff-Appellee and Cross-Appellant, v. WESTVACO CORPORATION, Defendant-Appellant and Cross-Appellee and Third-Party Plaintiff-Appellant, v. AMERICAN STEEL AND IRON WORKS, INC., American Painting and Sandblasting, Inc., and Carboline Company, Third-Party Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 10, 1994.

Certiorari Denied August 15, 1994.

Attorney(s) appearing for the Case

Niewald, Waldeck & Brown, Stephen J. Dennis, Kevin E. Glynn, Kansas City, MO, Dickinson, Everstine & Prud'homme, Michelle R. Prud'Homme, Denver, for plaintiff-appellee and cross-appellant.

Seigfreid, Bingham, Levy, Selzer & Gee, P.C., Duane J. Fox, Paul G. Schepers, Kansas City, MO, Calkins, Kramer, Grimshaw & Harring, Edward J. Blieszner, Denver, for defendant-appellant and cross-appellee and third-party plaintiff-appellant.

Hall & Evans, L.L.C., Alan Epstein, Paul R. Franke III, Denver, for third-party defendant-appellee American Steel and Iron Works, Inc.

Wood, Ris & Hames, P.C., Colin C. Campbell, Katherine A. Pettersen, Denver, for third-party defendant-appellee American Painting and Sandblasting, Inc.

Cooper & Kelley, P.C., Bernard B. Sapp, Denver, for third-party defendant-appellee Carboline Co.

Opinion by Judge HUME.

Defendant, Westvaco Corporation, appeals from a judgment entered upon a jury verdict awarding damages for breach of a construction contract with plaintiff, Sharp Bros. Contracting Company and Sanders Company, Inc., a joint venture. Defendant also appeals the trial court's orders dismissing its third-party claims against defendants American Steel and Iron Works, Inc. (American Steel), Carboline Company...

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