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CITY OF ASPEN v. KINDER MORGAN, INC.

No. 04CA2137.

143 P.3d 1076 (2006)

CITY OF ASPEN, individually and on behalf of the class of others similarly situated, Plaintiff-Appellant, v. KINDER MORGAN, INC.; Rocky Mountain Natural Gas Division of KN; and Rocky Mountain Natural Gas Company, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing May 4, 2005.

Certiorari Denied October 2, 2006.

Attorney(s) appearing for the Case

Colorado Consumers Legal Foundation, Roger A. Jatko, Ilona L. Dotterrer, Greenwood Village, Colorado; John P. Worchester, City Attorney, Aspen, Colorado, for Plaintiff-Appellant.

Jones & Keller, P.C., Alvin J. Meiklejohn, Jr., Denver, Colorado; The Beatty Law Firm, P.C., Michael L. Beatty, Jack R. Luellen, Denver, Colorado, for Defendants-Appellees.

WEBB, J.

In this dispute over the heating content of natural gas, plaintiff, the City of Aspen (Aspen), a natural gas customer of defendants, Kinder Morgan, Inc., Rocky Mountain Natural Gas, and Rocky Mountain Natural Gas Company, appeals the dismissal of its complaint for lack of subject matter jurisdiction. We affirm.

I. Proceedings in the Trial Court

Defendants are regulated public utilities that collectively provide transportation and retail...

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