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R.W. BECK, INC. v. E3 CONSULTING, LLC

No. 08-1344.

577 F.3d 1133 (2009)

R.W. BECK, INC., a Colorado corporation, Plaintiff-Appellant, v. E3 CONSULTING, LLC, a Colorado limited liability company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 14, 2009.

Attorney(s) appearing for the Case

Natalie Hanlon-Leh (Mary V. Sooter with her on the briefs), of Faegre & Benson LLP, Denver, CO, for Plaintiff-Appellant.

Benjamin B. Lieb (Ian R. Walsworth with him on the brief), of Sheridan Ross P.C., Denver, CO, for Defendant-Appellant.

Before HARTZ, HOLLOWAY, and McKAY, Circuit Judges.

HARTZ, Circuit Judge.

R.W. Beck, Inc., and E3 Consulting, LLC, both provide consulting services and produce independent-engineer reports used to obtain financing for energy-related projects. Reports prepared by both Beck and E3 have contained sections entitled "Principal Considerations and Assumptions Used in the Projection of Operating Results." Aplt.App., Vol. I at 21 (report prepared by Beck); id. at 25 (report prepared by E3). Beck sued E3 in the United...

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