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AURORA WATER v. PS SYSTEMS, INC.

Civil Action No. 07-cv-02371-PAB-BNB.

720 F.Supp.2d 1243 (2010)

CITY OF AURORA, COLORADO, a municipal corporation, acting by and through its Utility Enterprise, AURORA WATER, Plaintiff and Counterclaim Defendant, and Grimm Construction Company, Inc., d/b/a Garney Construction, a Colorado corporation, Third-Party Defendant, v. PS SYSTEMS, INC., a Colorado corporation, and RAR Group, LLC, a Colorado limited liability company, Defendants, Counterclaimants, and Third-Party Plaintiffs.

United States District Court, D. Colorado.

June 25, 2010.

Attorney(s) appearing for the Case

Martha Fitzgerald Bauer, Ashley Krause, Ericka F. Houck Englert, Ronald C. Gorsche, Jr., Brownstein Hyatt Farber Schreck, LLP, Denver, CO, Charles H. Richardson, Aurora City Attorney's Office, Aurora, CO, for Plaintiff and Counterclaim Defendant.

Peter Attila Gergely, Merchant & Gould, PC, Denver, CO, for Defendants, Counterclaimants, and Third-Party Plaintiffs.

ORDER

PHILIP A. BRIMMER, District Judge.

This patent case comes before the Court on the motion to dismiss for lack of subject-matter jurisdiction filed by plaintiff City of Aurora ("Aurora") and third-party defendant Grimm Construction Company, Inc. (doing business as and hereinafter referred to as "Garney") [Docket No. 149]. Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3), the motion requests dismissal of the counterclaim and third-party...

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