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AURORA WATER v. PS SYSTEMS, INC.

Civil Action No. 07-cv-02371-PAB-BNB.

720 F.Supp.2d 1243 (2010)

CITY OF AURORA, COLORADO, a municipal corporation, acting by and through its Utility Enterprise, AURORA WATER, Plaintiff and Counterclaim Defendant, and Grimm Construction Company, Inc., d/b/a Garney Construction, a Colorado corporation, Third-Party Defendant, v. PS SYSTEMS, INC., a Colorado corporation, and RAR Group, LLC, a Colorado limited liability company, Defendants, Counterclaimants, and Third-Party Plaintiffs.

United States District Court, D. Colorado.

June 25, 2010.

Attorney(s) appearing for the Case

Martha Fitzgerald Bauer , Ashley Krause , Ericka F. Houck Englert , Ronald C. Gorsche, Jr. , Brownstein Hyatt Farber Schreck, LLP, Denver, CO, Charles H. Richardson , Aurora City Attorney's Office, Aurora, CO, for Plaintiff and Counterclaim Defendant.

Peter Attila Gergely , Merchant & Gould, PC, Denver, CO, for Defendants, Counterclaimants, and Third-Party Plaintiffs.

ORDER

PHILIP A. BRIMMER, District Judge.

This patent case comes before the Court on the motion to dismiss for lack of subject-matter jurisdiction filed by plaintiff City of Aurora ("Aurora") and third-party defendant Grimm Construction Company, Inc. (doing business as and hereinafter referred to as "Garney") [Docket No. 149]. Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3), the motion requests dismissal of the counterclaim and third-party...

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