EXHIBIT 5
KRYS BOYLE FREEDMAN & SAWYER, P.C.
ATTORNEYS AT LAW
Telephone 600 17th Street, Suite 2700 S Facsimile
(303) 893-2300 Denver, Colorado 80202 (303) 893-2882
December 22, 2000
Infinity, Inc.
211 West 14th
Chanute, Kansas 66720
Gentlemen:
We have acted as counsel to Infinity, Inc., a Colorado corporation (the
"Company"), in connection with the preparation and filing with the Securities
and Exchange Commission of a Registration Statement on Form S-3 (the
"Registration Statement"), pursuant to which the Company is registering under
the Securities Act of 1933, as amended, 260,800 shares (the "Shares") of its
common stock, $.0001 par value (the "Common Stock"), which may be sold by
Selling Shareholders. The Shares of Common Stock which may be sold may be
issued upon the exercise of warrants. This opinion is being rendered in
connection with the filing of the Registration Statement. All capitalized
terms used herein and not otherwise defined shall have the respective meanings
given to them in the Registration Statement.
In connection with this opinion, we have examined the Company's Articles
of Incorporation and Bylaws, both as currently in effect; such other records
of the corporate proceedings of the Company and certificates of the Company's
officers as we have deemed relevant; and the Registration Statement and the
exhibits thereto.
In our examination, we have assumed the genuineness of all signatures,
the legal capacity of natural persons, the authenticity of all documents
submitted to us as originals, the conformity to original documents of all
documents submitted to us as certified or photostatic copies and the
authenticity of the originals of such copies.
Based upon the foregoing and in reliance thereon, and subject to the
limitations set forth below, we are of the opinion that those shares of Common
Stock that are prsently issues and outstanding are duly and validly issued,
fully paid and non-assessable, and that those shares of Common Stock which may
be issued upon the exercise of outstanding options, when issued in accordance
with their respective terms, will be duly and validly authorized, legally
issued, fully paid and non-assessable.
We hereby consent to the filing of this opinion as an exhibit to the
Registration Statement. We hereby further consent to the reference to us
under the caption "Legal Matters" in the prospectus included in the
Registration Statement.
Very truly yours,
KRYS BOYLE FREEDMAN & SAWYER, P.C.
By:/s/ James P. Beck
James P. Beck
