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VAN WYK v. PUBLIC SERVICE CO. OF COLORADO

No. 98CA2102.

996 P.2d 193 (1999)

Mark and Erica VAN WYK, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 9, 1999.

Certiorari Granted April 10, 2000.

Attorney(s) appearing for the Case

McGihon & Leffert, P.C., Anthony L. Leffert, James X. Quinn, Denver, Colorado, for Plaintiffs-Appellants.

Elzi & Gurr, Kathryn A. Elzi; New Century Energies, Lisa A. Lett, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge MARQUEZ.

Plaintiffs, Mark and Erica Van Wyk, on behalf of themselves and all others similarly situated, appeal the dismissal of their action against defendant, Public Service Company of Colorado (PSCo), for failure to state a claim upon which relief can be granted. We affirm in part, reverse in part, and remand for further proceedings.

In 1989, PSCo filed an application with the Public Utilities Commission (PUC) to upgrade the Daniels Park...

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