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TOWN OF ALMA v. AZCO CONST., INC.

Nos. 97CA1620, 97CA2019.

985 P.2d 56 (1999)

TOWN OF ALMA, a Colorado municipal corporation, James J. Shanks, Thomas J. Johnson, Todd McManus, Thomas S. Greising, Donald Davis, and James T. Roberts, Plaintiffs-Appellants and Cross-Appellees, v. AZCO CONSTRUCTION, INC., a Colorado corporation and Employers Mutual Casualty Company, an Iowa corporation, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing April 29, 1999.

Certiorari Granted October 4, 1999.

Attorney(s) appearing for the Case

Hayes, Phillips & Maloney, P.C., Herbert c. Phillips, Kendra L. Carberry, Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Meconi & Jackson, P.C., Brenda L. Jackson, Canon City, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge NEY.

In this contract dispute, the town of Alma (town) and six individual plaintiffs appeal the trial court's dismissal of their claims based on negligence and on breach of implied warranty of sound workmanship. Defendant AZCO Construction, Inc. (contractor), cross-appeals the district court's order which denied its request for attorney fees. We affirm the judgment but reverse the court's order denying attorney...

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