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EASTERN TUNNELING CORP. v. SOUTHGATE SAN., ETC.

Civ. A. No. 77-K-997.

487 F.Supp. 109 (1979)

EASTERN TUNNELING CORPORATION, a Maryland Corporation, Plaintiff, v. SOUTHGATE SANITATION DISTRICT, ARAPAHOE COUNTY, COLORADO, Defendant.

United States District Court, D. Colorado.

On Second Motion For Summary Judgment March 27, 1980.

Attorney(s) appearing for the Case

Earle D. Bellamy, II, Bradley, Campbell & Carney, Golden, Colo., for plaintiff.

Stephen G. Everall, Banta, Hoyt, Malone & Banta, Englewood, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is a diversity action brought by plaintiff contractor, Eastern Tunneling Corporation ("ETC"), against Southgate Sanitation District, a public corporation organized under the laws of the State of Colorado, for additional amounts of work performed under a contract for the construction of the Orchard Tunnel, a sanitary sewage tunnel. The case is currently before the court on defendant's motion for summary...

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