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STEARNS MANAGEMENT v. MISSOURI RIVER SERVS.

No. 01CA2166.

70 P.3d 629 (2003)

STEARNS MANAGEMENT COMPANY, an Illinois corporation, and Horton Trading, Limited, Plaintiffs-Appellants and Cross-Appellees, v. MISSOURI RIVER SERVICES, INC., a Delaware corporation; Exxaco Energy Corporation, an inactive Texas corporation; and Ronald Schnier, individually and as the alter ego of Exxaco Energy Corporation, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. II.

April 10, 2003.

Attorney(s) appearing for the Case

Solomon Pearl Blum Heymann & Stich LLP, Theresa M. Moore, Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Brega & Winters, P.C., John G. Nelson, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge MARQUEZ.

Plaintiffs, Stearns Management Company (SMC) and Horton Trading, Limited, appeal from the summary judgment dismissing their claims, but only insofar as that judgment affects the trial court's order denying defendants' motion for attorney fees. Defendants, Missouri River Services, Inc. (MRS), Exxaco Energy Corporation, and Ronald Schnier, cross-appeal the attorney fees order. We vacate that order and remand for further proceedings.

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