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WESTINGHOUSE ELEC. CORP. v. NIELSONS, INC.

Civ. A. No. 85-K-2493.

647 F.Supp. 896 (1986)

WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, d/b/a Westinghouse Electric Supply Company, Plaintiff, v. NIELSONS, INC., a Colorado corporation; Federal Insurance Company, a New Jersey corporation; and City of Durango, a municipality located in the State of Colorado, Defendants.

United States District Court, D. Colorado.

November 14, 1986.

Attorney(s) appearing for the Case

Jim M. Hansen, Bradley, Campbell & Carney, Golden, Colo., for plaintiff.

Michael J. Cook, Jo Frances Walsh, Conover, McClearn & Heppenstall, P.C., Denver, Colo., for defendants.

David P. Smith, Smith & West, Durango, Colo., for City of Durango.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Findings of Fact

Jurisdiction in this breach of contract action lies under 28 U.S.C. § 1332. The case is before me on cross-motions for summary judgment. The Uniform Commercial Code, as adopted in Colorado, provides the controlling law.

Nielsons is the city of Durango's general contractor on a wastewater treatment plant construction project. According to the allegations of the...

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