(Download) "Brown v. Brittain" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Brown v. Brittain
- Author : Colorado Supreme Court
- Release Date : January 15, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Pursuant to C.A.R. 21, the Atlantic Richfield Company, Exxon Corporation, and Shell Western E & P, Inc. (oil companies), petitioned this court for a writ of mandamus either ordering the trial court to take further action on the issue of refunds or ordering the trial court to remand the case to the Public Utilities Commission (PUC) for determination of the refund issue arising out of our decision in Colorado-Ute Electric Association, Inc. v. Public Utilities Commission, 760 P.2d 627 (Colo. 1988), appeal dismissed, 489 U.S. 1061, 109 S. Ct. 1333, 103 L. Ed. 2d 804 (1989). The oil companies also requested this court to vacate the trial courts contingent summary judgment in favor of thirteen member cooperatives who intervened in the case. We issued a rule to show cause why the trial court should not conduct further proceedings on the issue of restitution, or in the alternative, to remand the case to the PUC for determination of the refund issue. We now make the rule absolute, and order the trial court to remand the case to the PUC for determination of whether the oil companies are entitled to refunds, and, if so, the amounts that may be due and the method of payment. We also order the trial court to vacate the summary judgment in favor of the thirteen member cooperatives.
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