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BRANNAN SAND & GRAVEL v. F.D.I.C.

No. 94CA1834.

928 P.2d 1337 (1996)

BRANNAN SAND & GRAVEL CO., INC., a Colorado corporation, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORP. as Conservator/Receiver of American Savings of Colorado; City of Westminster, Colorado, a Colorado Home Rule City; and First National Bank of Arvada, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied June 6, 1996.

Certiorari Granted December 23, 1996.

Attorney(s) appearing for the Case

Rick DeWitt & Associates, Rick DeWitt, Englewood, for Plaintiff-Appellant.

Vanatta, Sullan and Sandgrund, P.C., Scott F. Sullan, Englewood, for Defendant-Appellee Federal Deposit Insurance Corp.

Martin R. McCullough, City Attorney, Janice H. Louden, Assistant City Attorney, Jonathan S. Drake, Assistant City Attorney, Westminster, for Defendant-Appellee City of Westminster.

Davis & Ceriani, P.C., Bruce E. Rohde, Denver, for Defendant-Appellee First National Bank of Arvada.

Opinion by Judge ROY.

In this proceeding, plaintiff, Brannan Sand & Gravel Company, seeks to recover for labor and materials supplied for the installation of curb and gutter and the paving of streets in a new subdivision annexed, or to be annexed, to the City of Westminster (the City). In its complaint, plaintiff alleged four claims for relief: (1) a contract claim against the developer, Designer Properties, Inc. (developer); (2) a quasi-contract claim against...

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