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SUNCOR ENERGY (USA) v. ASPEN PETROLEUM PRODUCTS

No. 06CA1925.

178 P.3d 1263 (2007)

SUNCOR ENERGY (USA), INC., a Delaware corporation, Plaintiff-Appellee, v. ASPEN PETROLEUM PRODUCTS, INC., a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing February 14, 2008.

Attorney(s) appearing for the Case

Holland & Hart, LLP, Rick D. Bailey, Danielle R. Voorhees, Greenwood Village, Colorado, for Plaintiff-Appellee.

Benson & Case, LLP, John Case, Ronnie Fischer, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CASEBOLT.

In this bad check dispute, defendant, Aspen Petroleum Products, Inc., appeals the summary judgment in favor of plaintiff, Suncor Energy (USA), Inc. We affirm and remand for an award of appellate attorney fees and costs.

The following facts are undisputed. Defendant bought gasoline and diesel fuel from plaintiff, the owner of an oil refinery, and resold it to independent retailers. When defendant purchased fuel, it had ten days after...

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