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  5. 748 F.Supp. 1474 (1990)
 

ARK. PLATTE & GULF v. VAN WATERS & ROGERS

Civ. A. No. 89 S 1726.

748 F.Supp. 1474 (1990)

ARKANSAS PLATTE & GULF PARTNERSHIP, Plaintiff, v. VAN WATERS & ROGERS INC., et al., Defendants.

United States District Court, D. Colorado.

October 22, 1990.

Attorney(s) appearing for the Case

Richard R. Young, Susan B. Prose, Holme, Roberts & Owen, Colorado Springs, Colo., for plaintiff.

Paul F. Hultin, Dean R. Massey, Parcel, Mauro, Hultin & Spaanstra, P.C., C. Michael Montgomery, Peter S. Dusbabek, Montgomery, Green, Jarvis, Kolodny & Markusson, Denver, Colo., for defendants.

ORDER

SPARR, District Judge.

THIS MATTER comes before the Court on Defendant Dow Chemical's motion for summary judgment, filed January 31, 1990. Oral argument on the motion was heard August 13, 1990.

PROCEDURAL BACKGROUND

Defendant Dow Chemical1 bases its brief in support of summary judgment on three contentions: (1) the alleged failure to warn on the part of Defendant Dow, if any, did not cause plaintiff's...

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