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VULCAN POWER CO. v. MUNSON

No. 10CA0348.

252 P.3d 511 (2011)

VULCAN POWER COMPANY, a Colorado corporation, Plaintiff, v. Stephen M. MUNSON, Defendant, and Steve Munson; Bill Fraser; Soo Min Fay; Doug Frosch; George Marshall; Cal Mitchell; Jim Rubino; Tim Shea; John Sullivan; and Sandy Lonsdale, Counterclaimants-Appellees, v. Vulcan Power Company, a Colorado corporation; Scott Mackin; and Todd Bright, Counterclaim Defendants-Appellants.

Colorado Court of Appeals, Div. I.

February 3, 2011.

Attorney(s) appearing for the Case

No Appearance for Counterclaimants-Appellees.

Greenberg Traurig LLP, David G. Palmer , Tyler D. Coombe , Denver, CO, for Counterclaim Defendant-Appellant Vulcan Power Company.

Bieging Shapiro & Burrus LLP, I. Thomas Bieging , Denver, CO; Dickstein Shapiro LLP, Barry Wm. Levine , Howard N. Feldman , Washington, D.C., for Counterclaim Defendants-Appellants Scott Mackin and Todd Bright.

Opinion by Judge GABRIEL.

Counterclaim defendants, Vulcan Power Company, Scott Mackin, and Todd Bright (collectively, defendants), appeal the district court's order refusing (1) to give preclusive effect to an Oregon court's order granting a motion to compel arbitration and (2) to compel arbitration based on the employment contract of counterclaimant Stephen M. Munson, Vulcan's former president and chief executive officer (CEO). We dismiss defendants' issue preclusion...

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