Legal Opinion
Mullaney v. Albertson's, Inc. (In Re Mullaney)
District Court, D. Colorado
Decided April 11, 1995No. Civ. A. No. 94-B-2877. Bankruptcy No. 93-17215-DEC. Adv. No. 94-1618-SBBPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BABCOCK, District Judge.
Defendant, Albertson’s, Inc. (Albertson’s), filed a motion for partial summary judgment and to strike or deny jury demand. The motion is adequately briefed and oral argument was held on April 10, 1995. Plaintiff, Ruth Ann Mullaney (Mullaney), has elected the legal remedy of damages for breach of contract rather than the equitable claim of specific performance. I conclude that plaintiff’s second claim for breach of implied covenant of good faith and fair dealing (Bad Faith) should be dismissed. I also conclude that punitive damages are not…
2Cases cited8 opinions
- Russell E. Freeman v. Department of CorrectionsCourt of Appeals for the Tenth Circuit · 1991
- Gideon J. Rohner, Jr. v. Union Pacific Railroad Company, a Utah CorporationCourt of Appeals for the Tenth Circuit · 1955
- Mortgage Finance, Inc. v. PodleskiSupreme Court of Colorado · 1987
- Fed. Sec. L. Rep. P 93,962 Commercial Iron & Metal Co. v. Bache & Co., Inc., and Irving J. Louis, Jr.Court of Appeals for the Tenth Circuit · 1973
- Surdyka v. DeWittColorado Court of Appeals · 1989
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3Cited by3 opinions
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