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BROWN GROUP RETAIL, INC. v. STATE

No. 04CA1874.

155 P.3d 481 (2006)

BROWN GROUP RETAIL, INC., a Pennsylvania corporation, Plaintiff-Appellee and Cross-Appellant, v. STATE of Colorado and Colorado Department of Transportation, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. V.

Certiorari Granted April 9, 2007.

Attorney(s) appearing for the Case

Davis Graham & Stubbs, LLP, Robert W. Lawrence, Dean C. Miller, Denver, Colorado, for Plaintiff-Appellee and Cross-Appellant.

John W. Suthers, Attorney General, Kathleen L. Spalding, Assistant Attorney General, Harry Morrow, Assistant Attorney General, Megan Paris Rundlet, Assistant Attorney General, Denver, Colorado, for Defendant-Appellants and Cross-Appellees.

Opinion by Judge WEBB.

In this groundwater contamination case, defendants, the State of Colorado and the Colorado Department of Transportation (collectively CDOT), bring an interlocutory appeal from the trial court's order denying their motion, made under the Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S.2005, to dismiss unjust enrichment, contribution, and declaratory judgment claims brought by plaintiff, Brown Group Retail, Inc. (Brown Group...

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