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BERENERGY CORP. v. ZAB, INC.

Nos. 02CA0009, 02CA1872.

94 P.3d 1232 (2004)

BERENERGY CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. ZAB, INC.; Zalman Resources, Inc.; Daven Corporation; and Sport Resources, Inc., Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Div. V.

June 3, 2004.

Attorney(s) appearing for the Case

Horowitz & Wake, Jay S. Horowitz, Peter C. Forbes, Robert T. Fishman, Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Brega & Winters, P.C., Charles F. Brega, Scott T. Rodgers, Denver, Colorado, for Defendants-Appellees and Cross-Appellants.

Opinion by Judge RUSSEL.

In this declaratory judgment action, plaintiff, Berenergy Corporation, appeals the trial court's judgment dismissing its amended complaint. Defendants, Zab, Inc; Zalman Resources, Inc.; Daven Corporation; and Sport Resources, Inc., cross-appeal the court's order denying attorney fees. We affirm in part, reverse in part, and remand with directions.

Sheldon K. Beren incorporated Berenergy to invest in drilling and acquisition ventures...

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