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COLORADO SPRINGS v. MOUNTAIN VIEW ELEC.

No. 94CA0914.

925 P.2d 1378 (1995)

CITY OF COLORADO SPRINGS, a Colorado municipal corporation, Plaintiff-Appellee, v. MOUNTAIN VIEW ELECTRIC ASSOCIATION, INC., a Colorado cooperative corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing April 25, 1996.

Certiorari Denied October 21, 1996.

Attorney(s) appearing for the Case

Anderson, Gianunzio, Dude, Pifher & Lebel, P.C., Wm. Kelly Dude, Colorado Springs, for Plaintiff-Appellee.

Jack P. Wolfe, Longmont, for Defendant-Appellant.

John J. Conway, Denver, for Amicus Curiae Colorado Rural Electric Association.

Gorsuch Kirgis, L.L.C., Joseph B. Wilson, Denver, for Amicus Curiae Colorado Association of Municipal Utilities.

Randolph W. Starr, Loveland, for Amicus Curiae Poudre Valley Rural Electric Association, Inc.

Opinion by Judge METZGER.

In this declaratory judgment action, defendant, Mountain View Electric Association, Inc., (Mountain View) appeals the summary judgment entered in favor of plaintiff, City of Colorado Springs (the City). We reverse and remand for further proceedings.

Mountain View is a cooperative electric association, transmitting and distributing electricity in El Paso and other Colorado counties. The City is a home rule municipality in El Paso County...

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