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ARCHANGEL DIAMOND CORP. v. LUKOIL

No. 04SC455.

123 P.3d 1187 (2005)

ARCHANGEL DIAMOND CORPORATION, Petitioner, v. LUKOIL and Arkhangelskgeoldobycha, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 19, 2005.

Attorney(s) appearing for the Case

Dorsey & Whitney, LLP., Tucker K. Trautman, Van Aaron Hughes, Denver, for Petitioner.

Davis Graham & Stubbs, LLP., M. Andrew Low, Tom McNamara, Anthony Shaheen, Denver, Winston & Strawn, LLP., Linda Coberly, Scott Glauberman, Chicago, IL, for Respondent, Arkhangelskgeoldobycha.

Rothgerber Johnson & Lyons, LLP., Frederick J. Baumann, Douglas B. Tumminello, Denver, for Respondent, Lukoil.

KOURLIS, Justice.

We granted certiorari to review the court of appeals' decision in Archangel Diamond Corp. v. Arkhangelskgeoldobycha, 94 P.3d 1208 (Colo.App.2004), in which that court held that a trial court addressing a C.R.C.P. 12(b)(2) motion may decide disputed jurisdictional facts without holding an evidentiary hearing. We now conclude that a trial court may not decide material issues of disputed jurisdictional fact against...

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