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CITY OF WESTMINSTER v. BRANNAN SAND & GRAVEL

No. 96SC440.

940 P.2d 393 (1997)

CITY OF WESTMINSTER, Colorado, a Colorado home-rule city, Petitioner, v. BRANNAN SAND & GRAVEL CO., INC., Respondent.

Supreme Court of Colorado, En Banc.

June 30, 1997.

Attorney(s) appearing for the Case

City of Westminster, Martin R. McCullough, City Attorney, Westminster, for Petitioner.

Rick DeWitt & Associates, Rick DeWitt, Englewood, for Respondent.

Colorado Municipal League, David W. Broadwell, Denver, for Amicus Curiae Colorado Municipal League.

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Brannan Sand & Gravel Co. v. Federal Deposit Insurance Corp., 928 P.2d 1337 (Colo.App.1996), to determine whether the court of appeals erred in reversing the district court's order granting a motion for summary judgment filed by the City of Westminster (Westminster) against Brannan Sand & Gravel...

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