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FURLONG ENTERPRISES, LLC v. NICKERSON

Civil Action No. 09-cv-00882-WDM-CBS.

785 F.Supp.2d 970 (2011)

FURLONG ENTERPRISES, LLC, Residential Building Systems, Inc., and Dave and Lana Waters, Inc., d/b/a D & L Construction, Plaintiffs, v. Jack NICKERSON, individually and in his capacity of Director of Public Works, City of Cortez, and City of Cortez, a Colorado Charter City, Defendants.

United States District Court, D. Colorado.

March 29, 2011.

Attorney(s) appearing for the Case

Ryan Joseph Klein, Milton L. Smith, Scott Joseph Mikulecky, Sherman & Howard, L.L.C., Colorado Springs, CO, for Plaintiffs.

Eric Michael Ziporin, Gillian Marie Fahlsing, Senter Goldfarb & Rice, LLC, Heidi J. Hugdahl, J. Andrew Nathan, Nathan, Bremer, Dumm & Myers, PC, Denver, CO, Michael F. Green, Hatter & Green, P.C., Cortez, CO, for Defendants.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

MILLER, Senior District Judge.

This case is before me on the Motion for Summary Judgment (ECF No. 79) filed by Defendant City of Cortez (the "City") and Defendant Nickerson's Motion for Summary Judgment Based Upon Qualified Immunity (ECF No. 72). Plaintiffs oppose the motions. I have reviewed the pertinent portions of the record and the legal authorities and arguments contained in the parties' briefs. For the reasons...

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