Borroel v. Lakeshore, Inc.
District Court, D. Colorado
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
In this diversity action the Dick Corp. has moved for summary judgment on the claims presented in a third party complaint against it brought by Lake Shore, Inc. For the reasons below, summary judgment on the first claim for relief is denied. Summa ry judgment is granted on the second, third and fourth claims for relief.
BACKGROUND
Dick leased from Lake Shore a Terex Ts-24B loadrunner scraper. For purposes of the summary judgment motion, Dick admits there is an express agreement between it and Lake Shore which contains the following terms:
REPAIRS:
L…
2Cases cited41 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Engelbrecht v. Hartford Accident & Indemnity Co.Supreme Court of Colorado · 1984
- Bell v. Koppers Co., Inc.Supreme Court of Pennsylvania · 1978
- City of Aurora, Colorado, and the City of Colorado Springs, Colorado v. Bechtel CorporationCourt of Appeals for the Tenth Circuit · 1979
- Henry Clayton Jones and Royal Globe Insurance Company v. Joy E. Nelson and Robert M. NelsonCourt of Appeals for the Tenth Circuit · 1973
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