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GOGNAT v. ELLSWORTH

Nos. 08CA1158, 08CA1745.

224 P.3d 1039 (2009)

Timothy A. GOGNAT, Plaintiff-Appellant, v. Chet J. ELLSWORTH, Joanne Ellsworth, MSD Energy, Inc., and Stephen Smith, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Rehearing Denied October 15, 2009.

Attorney(s) appearing for the Case

Irwin & Boesen, P.C., Bradley R. Irwin, Christopher L. Ingold, Denver, Colorado, for Plaintiff-Appellant.

David L. McCarl, Denver, Colorado; John P. Lange, Denver, Colorado, for Defendants-Appellees Chet J. Ellsworth, Joanne Ellsworth, and MSD Energy, Inc.

Hall & Evans, L.L.C., Bruce A. Menk, Michael W. Jones, Alan Epstein, Denver, Colorado, for Defendant-Appellee Stephen Smith.

Opinion by Judge J. JONES.

Plaintiff, Timothy A. Gognat, appeals the district court's summary judgment in favor of defendant Stephen Smith, dismissal of his complaint against defendants Chet J. Ellsworth, Joanne Ellsworth, and MSD Energy, Inc. (collectively, the nonresident defendants), and award of attorney fees to the nonresident defendants. We conclude that the district court properly entered summary judgment for Mr....

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