NATIONAL PROPANE CORP. v. MILLER

No. 99CA0149.

18 P.3d 782 (2000)

NATIONAL PROPANE CORPORATION; National Propane SGP, Inc.; and National Propane, L.P., n/k/a Columbia Propane, L.P., Plaintiffs-Appellants, v. Wylie R. MILLER; Hometown Propane, Inc.; and D & J Leasing, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 17, 2000.

Certiorari Denied March 12, 2001.


Attorney(s) appearing for the Case

The Law Offices of William H. Kain, William H. Kain, Grand Junction, Colorado; Massey, Semenoff, Stern & Schwarz, Edward W. Stern, Denver, Colorado, for Plaintiffs-Appellants.

Vaughan & DeMuro, David R. DeMuro, Denver, Colorado, for Defendant-Appellee Wylie R. Miller.

Welborn, Sullivan, Meck & Tooley, P.C., William R. Rapson, Danielle Smith, Denver, Colorado, for Defendants-Appellees Hometown Propane, Inc., and D & J Leasing, Inc.


Opinion by Judge ROTHENBERG.

Plaintiffs, National Propane Corp.; National Propane SGP, Inc.; and National Propane, L.P., n/k/a Columbia Propane, L.P., (collectively, purchaser) appeal from a judgment in favor of defendants, Wylie R. Miller (Miller); Hometown Propane, Inc. (Hometown); and D & J Leasing, Inc. (D & J), finding that Miller did not materially breach his noncompetition covenant with purchaser. We reverse and remand for further proceedings.

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