No. 97SA188.

954 P.2d 608 (1998)

VAIL/ARROWHEAD, INC., a Colorado corporation, Petitioner, v. The DISTRICT COURT FOR THE FIFTH JUDICIAL DISTRICT, EAGLE COUNTY, State of Colorado, and the Honorable Richard H. Hart, District Court, Eagle County, Fifth Judicial District, Respondents.

Supreme Court of Colorado, En Banc.

February 23, 1998.

Attorney(s) appearing for the Case

Holme Roberts & Owen, LLP, Nancy J. Gegenheimer, John R. Webb, Denver, Walter H. Sargent, PC., Walter H. Sargent, Colorado Springs, for Petitioner.

Fairfield and Woods, P.C., Brent T. Johnson, Denver, for James H. Moore & Associates Realty, Inc.

Justice BENDER delivered the Opinion of the Court.

The petitioner, Vail/Arrowhead, Inc. ("Vail"), brought this original proceeding under C.A.R. 21 seeking relief in the nature of mandamus from an order issued by the Eagle County District Court ("the district court") denying Vail's motion for summary judgment and permitting the plaintiff in the proceedings below, James H. Moore and James H. Moore & Associates Realty, Inc. (collectively, "Moore"), to reassert a...

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