ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
KANE, Senior District Judge.
This action arises out of Plaintiff's termination before closing of an agreement to purchase a $5.75 million penthouse condominium unit in Vail, Colorado, and the resulting retention by Defendants of Plaintiff's $866,000 earnest money deposit. The action is before me on cross-motions for summary judgment. I grant Defendants' Motion in part and deny it in part. I deny Plaintiff's Motion...
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