WARE v. McCUTCHEN

No. 87CA0584.

784 P.2d 846 (1989)

F.C. WARE, Plaintiff-Appellee and Cross-Appellant, v. Herman McCUTCHEN, William Kerksiek, George McClellan, Eugene Kleinknecht, and Intermountain Rural Electric Association, a Colorado corporation, Defendants-Appellants and Cross-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 13, 1989.


Attorney(s) appearing for the Case

Bennett and Hollaway, John F. Bennett, Colorado Springs, for plaintiff-appellee and cross-appellant.

Sampson & Associates, Carolyn L. Sampson, Golden, for defendants-appellants Herman McCutchen, William Kerksiek, George McClellan and Eugene Kleinknecht.

Banta, Hoyt, Banta, Greene, Hannen & Everall, Richard D. Greene, Englewood, Sherman & Howard and Edward A. Gleason, Colorado Springs, for defendant-appellant Intermountain Rural Electric Ass'n.


Opinion by Judge SMITH.

Defendants, Intermountain Rural Electric Association (IREA) and four of its directors, initiated this appeal to challenge a summary judgment in favor of various individuals and their group known as Concerned Members of Intermountain Electric Association, (Concerned Members) on IREA's counterclaim for abuse of process. During this appeal, all matters in dispute were settled except as to one plaintiff, F.C. Ware. Ware cross-appeals the trial...

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