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GERRITY OIL & GAS CORP. v. MAGNESS

No. 96SC215.

946 P.2d 913 (1997)

GERRITY OIL & GAS CORPORATION, Petitioner, v. Bob MAGNESS, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 20, 1997.

Attorney(s) appearing for the Case

Pendleton, Friedberg, Wilson, & Hennessey, P.C., F. Stephen Collins, Jeffrey R. Fiske, Denver, for Petitioner.

Witwer, Oldenburg, Barry & Bedingfield, L.L.P., R. Sam Oldenburg, Greeley, Fairfield and Woods, P.C., John S. Pfeiffer, Denver, for Respondent.

Welborn, Sullivan, Meck & Tooley, P.C., Scott L. Sells, Denver, for Amicus Curiae the Colorado Oil and Gas Association.

Justice MARTINEZ delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in Gerrity Oil & Gas Corp. v. Magness, 923 P.2d 261 (Colo.App. 1995). The court of appeals reversed the judgment of the trial court, which had dismissed Magness's counterclaims, and remanded the case to the trial court for a new trial on issues of both liability and damages. Gerrity, 923 P.2d at 266...

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