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COLORADO MILLS, LLC v. SUNOPTA

No. 11SA82.

269 P.3d 731 (2012)

2012 CO 4

COLORADO MILLS, LLC, a Colorado limited liability company, Plaintiff v. SUNOPTA GRAINS AND FOODS INC., a Minnesota corporation, f/k/a Sunrich LLC, and Colorado Sun Oil Processing LLC, a Colorado limited liability company, Defendants.

Supreme Court of Colorado, En Banc.

February 6, 2012.

Attorney(s) appearing for the Case

Snell & Wilmer L.L.P., Michael E. Lindsay , Jessica E. Yates , Eugene P. Kim , Denver, Colorado, Attorneys for Petitioner SK Food International.

Kissinger & Fellman, P.C., Paul D. Godec , Denver, Colorado, Attorneys for Petitioner/Party-in-Interest Adams Vegetable Oil, Inc.

Kutak Rock LLP, Thomas W. Snyder , Jeremy D. Peck , Denver, Colorado, Attorneys for Respondent SunOpta Grains and Foods Inc.

Justice EID delivered the Opinion of the Court.

¶ 1 In this original proceeding under C.A.R. 21, we consider whether a Colorado court has the authority to enforce a civil subpoena that was issued by an arbitrator against an out-of-state nonparty.

¶ 2 In an arbitration proceeding between respondent SunOpta Grains and Foods Inc. ("SunOpta") and Colorado Mills, LLC ("Colorado Mills"), an arbitrator, at SunOpta's request, issued subpoenas to petitioners...

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