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INSURANCE CO. OF NO. AMERICA v. ASPEN ALPS CONDO.

Civ. A. No. 95-D-2080.

915 F.Supp. 1122 (1996)

INSURANCE COMPANY OF NORTH AMERICA, a Pennsylvania corporation, individually and as subrogee of Jeffrey Kenner and Patti Kenner, Plaintiff, v. ASPEN ALPS CONDOMINIUM ASSOCIATION, INC., a Colorado not for profit corporation, Defendant.

United States District Court, D. Colorado.

February 22, 1996.

Attorney(s) appearing for the Case

Anthony Melonakis, Gulley & Gaar, P.C., Englewood, CO, for Plaintiff.

Gary L. Palumbo, Bayer, Carey & McGee, P.C., Denver, CO, for Defendant.

REVISED MEMORANDUM OPINION AND ORDER

DANIEL, District Judge.

I. INTRODUCTION

Defendant Aspen Alps Condominium Association, Inc. ("Defendant" or "Aspen Alps") has moved pursuant to Fed.R.Civ.P. 56 for summary judgment with respect to Plaintiff Insurance Company of North America's complaint claims, which are plead as breach of contract claims. Defendant asserts that Plaintiff's claims are, in actuality, tort claims and are therefore...

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