VAN WINKLE v. GIVENS, 757 P.2d 1134 (Colo.App. 1988)

In the Matter of the Estate of Claude Eugene Van Winkle, Deceased. Tilda Van Winkle, Appellee, v. Irene Givens, Appellant. No. 85CA0216Colorado Court of Appeals. Decided June 9, 1988. Appeal from the District Court of Adams County Honorable Phillip F. Roan, Judge Gunther Westlund, Terry Ehrlich, for Appellee. Gaunt, Dirrim, Coover Phelps, Bradley J. Coover, […]

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PEOPLE v. CUNNINGHAM, 678 P.2d 1058 (Colo.App. 1983)

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Cunningham, Defendant-Appellant. No. 82CA1157Colorado Court of Appeals. Decided November 10, 1983. Rehearing Denied December 8, 1983. Certiorari Denied March 26, 1984. Appeal from the District Court of the City and County of Denver Honorable Paul J. Markson, Jr., Judge Duane Woodard, Attorney General, Norman S. […]

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AGE CO. v. BECKER, 110 Colo. 319 (1943)

134 P.2d 205 AGE PUBLISHING COMPANY ET AL. v. BECKER. No. 14,940.Supreme Court of Colorado. Decided February 1, 1943. Action in mandamus to compel the transfer of corporate stock. Alternative writ made peremptory. Affirmed. 1. CORPORATIONS — Stock Transfers — Ownership Restrictions. In an action by a purchaser of stock to compel the corporation to […]

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PEOPLE v. BAKER, 11PDJ072 (Colo.O.P.D.J. 10-12-2011)

People v. Baker. 11PDJ072.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. October 12, 2011. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended William Cyrus Baker (Attorney Registration Number 42365) for six months, with the requirement of reinstatement, all stayed upon the […]

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WENNER PETROLEUM CORP. v. MITSUI CO., 748 P.2d 356 (Colo.App. 1987)

Wenner Petroleum Corporation, a Michigan Corporation authorized to do business in the State of Colorado, Plaintiff-Appellant, v. Mitsui Co. (U.S.A.), Inc., a New York Corporation authorized to do business in the State of Colorado, Defendant-Appellee. No. 85CA1790Colorado Court of Appeals. Decided November 12, 1987. Appeal from the District Court of the City and County of […]

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WEED v. PUEBLO, 197 Colo. 52 (1979)

(591 P.2d 80) Hugh H. C. Weed, Executive Director of Revenue, State of Colorado v. City of Pueblo, Colorado No. C-1321Supreme Court of Colorado. Decided January 29, 1979. Rehearing denied March 19, 1979. City brought action against Director of Revenue to obtain a refund of $85,025 in state sales and use taxes. The Executive Director […]

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LAVERTY v. PEOPLE, 111 Colo. 453 (1943)

142 P.2d 381 LAVERTY v. THE PEOPLE. No. 15,305.Supreme Court of Colorado. Decided October 18, 1943. Plaintiff in error was convicted of receiving stolen property. Affirmed. 1. CRIMINAL LAW — Larceny — Information. Where the employee of a company used its bank check to purchase for it United States postage stamps which he converted to […]

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CARTER v. DENVER, 114 Colo. 33 (1945)

160 P.2d 991 CARTER v. CITY AND COUNTY OF DENVER. No. 15,447.Supreme Court of Colorado. Decided July 2, 1945. An action by a city employee to recover additional wages. Judgment for defendant. Affirmed. 1. APPEAL AND ERROR — Specification of Points — Opinions. Specification of points upon which a plaintiff in error relies for reversal […]

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COTTRELL v. TEETS, 139 Colo. 567 (1959)

(342 P.2d 1021) THE COTTRELL CLOTHING COMPANY v. BERNARD E. TEETS, ET AL. No. 18,931.Supreme Court of Colorado. Decided July 6, 1959. Rehearing denied August 31, 1959. Application for unemployment compensation. From a judgment affirming an award in favor of claimant the employer brings error. Affirmed. 1. LABOR RELATIONS — Unemployment Compensation — Disqualification — […]

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BEELER v. OIL CO., 85 Colo. 50 (1928)

273 P. 21 BEELER, ET AL. v. CITIES SERVICE OIL COMPANY. No. 12,005.Supreme Court of Colorado. Decided December 10, 1928. Action against officers and directors of a corporation for corporate debts. Judgment for plaintiff. Affirmed. 1. CORPORATIONS — Annual Report — Liability of Officers. Annual report of a corporation held not to comply with the […]

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ENGLISH v. COLORADO CO., 77 Colo. 288 (1925)

236 P. 783 ENGLISH v. COLORADO NEW BEER MANUFACTURING CO. No. 11,012.Supreme Court of Colorado. Decided January 5, 1925. Rehearing denied June 1, 1925. Action between English and Colorado New Beer Manufacturing Company. Judgment for Company. Case Dismissed. 1. APPEAL AND ERROR — Dismissal. The record failing to show any judgment in the lower court, […]

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GRAHAM v. BRENDEN, 142 Colo. 88 (1960)

(349 P.2d 702) RICHARD N. GRAHAM, ASSIGNEE v. ANDY BRENDEN, ET AL. No. 18,842.Supreme Court of Colorado. Decided February 29, 1960. Action to foreclose mechanic’s lien. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Findings — Evidence — Sufficiency. Where there is substantial competent evidence in the record to support the findings of the […]

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COMMISSION v. CONTINENTAL, 152 Colo. 524 (1963)

(383 P.2d 313) THE COLORADO ANTI-DISCRIMINATION COMMISSION, ET AL., v. CONTINENTAL AIR LINES, INC. No. 19,771.Supreme Court of Colorado. Decided June 25, 1963. On remand following reversal by the United States Supreme Court. Directions on Remand. (No digest paragraphs.) Error to the District Court of the City and County of Denver, Hon. William A. Black, […]

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BOARD v. SPURLIN, 141 Colo. 508 (1960)

(349 P.2d 357) BOARD OF EDUCATION OF THE STATE OF COLORADO v. E. T. SPURLIN, CONTROLLER OF THE STATE OF COLORADO. No. 18,498.Supreme Court of Colorado. Decided February 8, 1960. Rehearing denied February 29, 1960. Declaratory judgment action to determine status of certain appointees of the Board of Education. Judgment for defendants. Reversed. 1. CONSTITUTIONAL […]

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FREEMAN v. CROSS, 134 Colo. 437 (1957)

(305 P.2d 759) BETTY FREEMAN, ADMINISTRATRIX OF THE ESTATE OF DONALD H. FREEMAN v. T. A CROSS, ET AL. No. 18,103.Supreme Court of Colorado. Decided January 7, 1957. Rehearing denied January 21, 1957. Motion to dismiss writ of error for failure to lodge reporter’s transcript within time required by rule. Writ of Error Dismissed. 1. […]

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McNICHOLS, AUDITOR v. DENVER, 130 Colo. 202 (1954)

(274 P.2d 317) McNICHOLS, AUDITOR v. CITY AND COUNTY OF DENVER ET AL. No. 17,369.Supreme Court of Colorado. Decided September 20, 1954. An action to compel a municipal officer to perform an act in connection with a contract in relation to “the extension, improvement and the equipping of Juvenile Hall.” Judgment for plaintiff city. Affirmed. […]

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PEOPLE v. BISHOP, 06PDJ070 (Colo. 9-29-2006)

People v. Bishop. 06PDJ070.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. September 29, 2006. Attorney Regulation. The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Respondent Morgan D. Bishop (Attorney Registration No. 36076) from the practice of law for a period of one year […]

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IN RE ORGANIZATION OF FORT LUPTON PARK, 800 P.2d 1324 (Colo.App. 1990)

In re the Organization of the Fort Lupton Park and Recreation District, Weld County, Colorado. John R. Dent, Janet Lee, and Sherry White, Petitioners for Organization of the Proposed Fort Lupton Park and Recreation District, Appellants, v. Amoco Production Company, Appellee. No. 89CA0167Colorado Court of Appeals. Decided March 29, 1990. Rehearing Denied May 24, 1990. […]

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LEHMAN v. DENVER, 144 Colo. 109 (1960)

(355 P.2d 309) ROBERT A. LEHMAN v. CITY AND COUNTY OF DENVER. No. 19,054.Supreme Court of Colorado. Decided September 19, 1960. Defendant was convicted of violating city ordinance prohibiting parking of an automobile on private property, and brings error. Affirmed. 1. MUNICIPAL CORPORATIONS — Home Rule Cities — Powers. The XXth Amendment to the constitution […]

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MAES v. PEOPLE, 164 Colo. 481 (1968)

(435 P.2d 893) Eddie S. Maes v. The People of the State of Colorado. No. 22721.Supreme Court of Colorado. Decided January 15, 1968. Rehearing denied January 29, 1968. From denial of his petition for post conviction relief with reference to setting aside plea of guilty and allowing him to enter a not guilty plea and […]

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HEMBERGER v. HAGEMANN, 120 Colo. 431 (1949)

210 P.2d 995 HEMBERGER v. HAGEMANN. No. 16,167.Supreme Court of Colorado. Decided September 13, 1949. Rehearing denied October 31, 1949. An action in unlawful detainer. Judgment for defendant. Affirmed in Part. Reversed in Part. 1. LANDLORD AND TENANT — Lease — Term. Where, after the termination of a yearly lease of land which expires on […]

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PEOPLE v. DISTRICT COURT, 767 P.2d 239 (Colo. 1989)

The People of the State of Colorado, Petitioner, v. The District Court in and for the City and County of Denver, State of Colorado, and the Honorable Warren O. Martin, one of the Judges thereof, Respondents, and Calvin Preston, Intervenor. No. 88SA121Supreme Court of Colorado. Decided January 17, 1989. Original Proceeding Norman S. Early, Jr., […]

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HILL v. HULET, 881 P.2d 460 (Colo.App. 1994)

Michael C. Hill, Plaintiff-Appellant, v. Brett Hulet, and Pueblo Associates in Obstetrics and Gynecology, P.C., Defendants-Appellees. No. 92CA1189Colorado Court of Appeals. Decided August 11, 1994. Page 461 Appeal from the District Court of Pueblo County Honorable Eugene T. Halaas, Judge No. 92CV81 JUDGMENT AFFIRMED Michael C. Hill, Pro Se Gallo Godfrey, F. James Gallo, Jerome […]

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HICKS v. CAPRA, 160 Colo. 248 (1966)

(416 P.2d 362) Howard W. Hicks, Jr., Margaret A. Hicks, L. B. Agers, Carol J. Agers, Evelyn L. Tilly and James L. Tilly v. Alfred L. Capra, Manager of Safety and Excise, City and County of Denver, and State of Colorado, and Herman J. Winter (Intervenor). No. 22054.Supreme Court of Colorado. Decided July 18, 1966. […]

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FRIEDLAND v. TRAVELERS INDEM. CO., 105 P.3d 639 (Colo. 2005)

Petitioner: Robert M. FRIEDLAND, v. Respondent: The TRAVELERS INDEMNITY COMPANY, a Connecticut corporation. No. 03SC681.Supreme Court of Colorado. En Banc. January 31, 2005. Page 640 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 641 Fognani Guibord Homsy, LLP, John D. Fognani, R. […]

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COLORADO SPRINGS v. MILLER, 95 Colo. 337 (1934)

36 P.2d 161 CITY OF COLORADO SPRINGS ET AL. v. MILLER. No. 13,058.Supreme Court of Colorado. Decided September 10, 1934. Action in mandamus to compel the issuing of a building permit by a municipal corporation. Alternative writ made permanent. Reversed. 1. MUNICIPAL CORPORATIONS — Zoning Ordinances — Court Action. It is within the scope of […]

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SPICKARD v. CIVIL SERV. COMM., 31 Colo. App. 450 (1972)

(505 P.2d 32) William L. Spickard, Lewis C. Boles, and John L. Pinder v. the Civil Service Commission of the City and County of Denver, consisting of Ted Bach, Arthur S. Bowman, and Lawrence Perry; The City and County of Denver, a municipal corporation; The Police Department of the City and County of Denver; and […]

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DENVER v. ATHMAR PARK CO., 151 Colo. 424 (1963)

(378 P.2d 638) CITY AND COUNTY OF DENVER, ET AL., v. ATHMAR PARK BUILDING CO. No. 20,165.Supreme Court of Colorado. Decided February 4, 1963. Action for refund of taxes paid under protest involving alleged over-valuation. Judgment for plaintiff. Reversed. 1. TAXATION — Over-valuation — Remedy — Statute. A taxpayer claiming refund of taxes, paid under […]

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TRUJILLO v. INDUST. COMM., 31 Colo. App. 297 (1972)

(501 P.2d 1344) Ernest P. Trujillo v. The Industrial Commission of the State of Colorado, (Ex-officio Unemployment Compensation Commission of Colorado) and The Denver Brick and Pipe Company No. 72-221Colorado Court of Appeals. Decided September 19, 1972. Seeking review of Industrial Commission order denying him unemployment compensation benefits, claimant filed notice of appeal on last […]

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IN RE MARRIAGE OF JORGENSON, 143 P.3d 1169 (Colo.App. 2006)

In re the MARRIAGE OF Rosanne R. JORGENSON, Appellee, and Randy W. Jorgenson, Appellant. No. 05CA0212.Colorado Court of Appeals. August 10, 2006. Appeal from the District Court, El Paso County, Theresa M. Cisneros, J. Page 1170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

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PEOPLE v. GARCIA, 04PDJ084 (Colo.O.P.D.J. 1-7-2005)

People v. Garcia, No. 04PDJ084.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. January 7, 2005. Attorney Regulation. The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and disbarred Respondent Felix D. Garcia (Registration #13736) from the practice of law, effective February 7, 2005. Respondent was also ordered to pay […]

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LADWIG v. LADWIG, 122 Colo. 352 (1950)

(222 P.2d 421) LADWIG v. LADWIG. No. 16,502.Supreme Court of Colorado. Decided September 11, 1950. A proceeding involving the custody of a minor child, the daughter of divorced parents. Divided custody was awarded by the trial court, and a petition of the father for exclusive custody, denied. Affirmed. 1. CHILDREN — Custody. In an action […]

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INDUSTRIAL COM. v. INSURANCE CO., 128 Colo. 411 (1953)

(262 P.2d 926) INDUSTRIAL COMMISSION ET AL. v. PACIFIC EMPLOYERS INSURANCE COMPANY ET AL. No. 17,173.Supreme Court of Colorado. Decided November 2, 1953. A proceeding under the Workmen’s Compensation Act. The Judgment of the trial court was adverse to claimant. Reversed. 1. WORKMEN’S COMPENSATION — Claims — Evidence. In a workmen’s compensation case, it is […]

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D.S.P. v. R.L.K., 677 P.2d 959 (Colo.App. 1983)

D.S.P., Plaintiff-Appellant, v. R.L.K. a/k/a R.L.W., Defendant-Appellee, and in the Interest of A.L.R.P. No. 83CA0224Colorado Court of Appeals. Decided December 8, 1983. Rehearing Denied January 5, 1984. Certiorari Denied April 2, 1984. Appeal from the District Court of Jefferson County Honorable Anthony F. Vollack, Judge James R. Collins; William H. Short, for plaintiff-appellant. Howard M. […]

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DeHERRERA, v. SENTRY INS. CO., 30 P.3d 167 (Colo. 2001)

Elizabeth DeHerrera, as mother and next friend of Lucas DeHerrera, a minor, Petitioner v. Respondent Sentry Insurance Company. No. 99SC379Supreme Court of Colorado. April 30, 2001 Certiorari to the Colorado Court of Appeals, Court of Appeals No. 97CA1369 No. 99SC379, DeHerrera v. Sentry Insurance Company: personal injuryprotection insurance — uninsured motorist insurance — car — […]

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HEBRON v. DIST. CT., 192 Colo. 346 (1977)

(558 P.2d 997) Anthony Hebron v. The District Court in and for the County of San Miguel and the Honorable Fred Calhoun, one of the judges thereof No. 27377Supreme Court of Colorado. Decided January 17, 1977. Original proceeding by petitioner seeking to compel respondent court to enter judgment in Latvale v. Hebron, Case No. C-2447. […]

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S.E. COLO. WTR. DIST. v. RICH, 625 P.2d 977 (Colo. 1981)

Southeastern Colorado Water Conservancy District v. William N. Rich and Barbara S. Rich, in joint tenancy, and Robert W. Jesse, Division Engineer No. 79SA498Supreme Court of Colorado. Decided February 17, 1981. Rehearing denied April 6, 1981. Page 978 Appeal from the District Court for Water Division No. 2, Honorable John C. Statler, Judge. Fairfield and […]

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WARSHAUER CO. v. BANK, 79 Colo. 540 (1926)

247 P. 183 WARSHAUER SHEEP AND WOOL Co. v. RIO GRANDE STATE BANK. No. 11,346.Supreme Court of Colorado. Decided June 1, 1926. Rehearing denied June 21, 1926. Action on contracts. Judgment of dismissal. Affirmed. 1. PLEADING — Misjoinder of Causes. It is improper to join two causes of action in the same complaint where they […]

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LUCERO v. GOLDBERGER, 804 P.2d 206 (Colo.App. 1990)

Larry Ray Lucero, Plaintiff-Appellant, v. The Honorable Kim Goldberger, County Court Judge, First Judicial District, State of Colorado, Respondent-Appellee. No. 89CA0861Colorado Court of Appeals. Decided June 14, 1990. Rehearing Denied July 26, 1990. Certiorari Denied January 28, 1991 (90SC520). Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge Page 207 [EDITORS’ […]

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BANKERS ASS’N v. FLEMING CO., 83 Colo. 335 (1928)

264 P. 1087 BANKERS BUILDING AND LOAN ASSOCIATION v. FLEMING BROTHERS LUMBER COMPANY, ET AL. No. 11,860.Supreme Court of Colorado. Decided February 27, 1928. Action to foreclose mechanics’ liens. Judgment for plaintiffs. Affirmed. 1. MECHANICS’ LIENS — Owner of Property. It is not necessary that the owner of property have the legal title to come […]

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HARTY, JR. v. HOERNER, 170 Colo. 506 (1969)

(463 P.2d 313) Lloyd J. Harty, Jr. v. Fred Hoerner. No. 22475.Supreme Court of Colorado. Decided December 29, 1969. Action by payee to recover on promissory note signed by defendant. From judgment dismissing complaint plaintiff brought error. Affirmed. 1. BILLS AND NOTES — Note — Subordination Agreement — Admissible — One — Corporate Liability — […]

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KARR v. DENVER, 677 P.2d 1384 (Colo.App. 1984)

Sheila R. Karr, Plaintiff-Appellant, v. The City and County of Denver, a municipal corporation, Defendant-Appellee. No. 82CA0425Colorado Court of Appeals. Decided February 9, 1984. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 1385 Michael F. Morrissey, for plaintiff-appellant. Max P. Zall, Denver City Attorney, Carl […]

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CLINE v. KNIGHT, 111 Colo. 8 (1943)

137 P.2d 680 CLINE v. KNIGHT ET AL., MEMBERS OF THE BOARD OF DIRECTORS OF SCHOOL DISTRICT NUMBER ONE OF THE CITY AND COUNTY OF DENVER ET AL. No. 15,035.Supreme Court of Colorado. Decided February 23, 1943. Rehearing denied April 26, 1943. A suit to enjoin the board of directors of a school district from […]

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BERG v. DEPT. OF SOCIAL SERVICES, 694 P.2d 1291 (Colo.App. 1984)

Dr. Dalrie Berg, Plaintiff-Appellant, v. Colorado State Department of Social Services, and David A. Sorenson, Hearing Officer, Defendants-Appellees. No. 84CA0034Colorado Court of Appeals. Decided December 13, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Gunther Westlund, P.C., Roger W. Westlund, for Plaintiff-Appellant. Duane Woodard, Attorney General, […]

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McMAHON v. WILLIAMS, 80 Colo. 249 (1926)

250 P. 560 McMAHON v. WILLIAMS, ADMINISTRATRIX. No. 11,654.Supreme Court of Colorado. Decided November 8, 1926. Action to recover for work and labor performed. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. PLEADING — Payment. A plea of payment admits the original obligation, but not necessarily the entire amount claimed. 2. Amendment. A party […]

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SPAHMER v. GULLETTE, 113 P.3d 158 (Colo. 2005)

Jennifer SPAHMER, Petitioner, v. Todd GULLETTE, Respondent. No. 03SC751.Supreme Court of Colorado. En Banc. June 6, 2005. Page 159 Barry J. Seidenfeld, PC, Barry J. Seidenfeld, Denver, Anne Whalen Gill, PC, Anne Whalen Gill, Castle Rock, for the Petitioner. Todd W. Gullette, Pro Se, Boulder. Ronald D. Litvak, Litvak, Litvak, Mehrtens Epstein, PC, Denver, Amicus […]

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HOME INS. CO. v. TAYLOR, 94 Colo. 446 (1934)

32 P.2d 183 HOME INSURANCE COMPANY OF NEW YORK v. TAYLOR ET AL. No. 13,111.Supreme Court of Colorado. Decided February 5, 1934. Rehearing denied May 7, 1934. Action on fire insurance policy. Judgment for plaintiffs. Affirmed. 1. INSURANCE — Proof of Loss — Waiver. Where a fire insurance company defends against a claim for loss […]

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PUBLIC SERV. CO. v. MEADOW ISLAND DITCH CO., 132 P.3d 333 (Colo. 2006)

PUBLIC SERVICE COMPANY OF COLORADO, d/b/a Xcel Energy, Applicant/Appellant/Cross-Appellee, v. MEADOW ISLAND DITCH COMPANY NO. 2; Magness Land Holdings, LLC; Magness Platteville, LLC; Kplatteville, LLC; and Dearal Beddo, Opposers/Appellees/Cross-Appellants, and James HALL, Division Engineer for Water Division No. 1, Appellee. No. 05SA52.Supreme Court of Colorado. April 3, 2006. Appeal from the District Court, Water Division […]

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IN RE ESTATE OF LEMBACH, 622 P.2d 606 (Colo.App. 1980)

In the Matter of the Estate of Anthony Lembach, a/k/a Anthony J. Lembach, a/k/a A. J. Lembach, Deceased. Michael Lembach and Medelon Marie Lembach v. Cecily Ann Lembach No. 80CA0359Colorado Court of Appeals. Decided December 31, 1980. Appeal from the District Court of Weld County, Honorable Robert Behrman, Judge. Leland S. Huttner, Michael D. Brown, […]

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HARRISON v. EVERETT, 135 Colo. 55 (1957)

(308 P.2d 216) ROBERT F. HARRISON, ET AL. v. GEORGE G. EVERETT, ET AL. No. 17,884.Supreme Court of Colorado. Decided March 11, 1957. Rehearing denied April 1, 1957. Action to quiet title to land to a part of which certain defendant claimed title by adverse possession. From a judgment and decree sustaining title by adverse […]

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KLUG v. IRELAND, 99 Colo. 542 (1936)

64 P.2d 131 IN THE MATTER OF THE ADJUDICATION OF PRIORITIES OF WATER RIGHTS IN WATER DISTRICT NO. 1. KLUG v. IRELAND. No. 14,044.Supreme Court of Colorado. Decided December 31, 1936. Proceeding involving adjudication of water rights for irrigation and other beneficial uses. The trial court fixed a date of priority for claimant’s reservoir later […]

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SHORT v. DOWNS, 36 Colo. App. 109 (1975)

(537 P.2d 754) Sandra Short v. Linwood E. Downs No. 74-185Colorado Court of Appeals. Decided May 6, 1975. Opinion modified and as modified petition for rehearing denied June 3, 1975. Certiorari denied July 28, 1975. In malpractice action against osteopath who some years previously had given plaintiff a series of liquid silicone injections for breast […]

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ROWE v. PEOPLE, 856 P.2d 486 (Colo. 1993)

George W. Rowe, Petitioner, v. The People of the State of Colorado, Respondent. No. 92SC396Supreme Court of Colorado. Decided July 6, 1993. Certiorari to the Colorado Court of Appeals Page 487 Miller, Hale Harrison, Daniel C. Hale, for Petitioner. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor […]

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PEOPLE v. EVANS, 886 P.2d 288 (Colo.App. 1994)

The People of the State of Colorado, Plaintiff-Appellee, v. Lonnell L. Evans, Defendant-Appellant. No. 92CA1373Colorado Court of Appeals. Decided May 19, 1994. Rehearing Denied June 23, 1994. Petition for Writ of Certiorari DENIED January 17, 1995. Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge No. 91CR1867 […]

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MARTINEZ v. COLORADO STATE PERS., 28 P.3d 978 (Colo.App. 2001)

Bonnie Martinez, Appellant, v. Colorado State Personnel Board, Appellee. No. 01CA0248Colorado Court of Appeals. June 7, 2001 Colorado State Personnel Board, No. 2000G107. MOTION DENIED Bonnie Martinez, Pro Se Ken Salazar, Attorney General, Susan J. Trout, Assistant Attorney General, Denver, Colorado, for Appellee Division A Ney and Taubman, JJ., concur Opinion by JUDGE KAPELKE [1] […]

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BUSH v. JACKSON, 191 Colo. 249 (1976)

(552 P.2d 509) John Bush v. Benny S. Jackson No. C-748Supreme Court of Colorado. Decided July 12, 1976. Action by one partner against another seeking damages for injuries sustained from gunshot by other partner. The trial court entered judgment for plaintiff. The Court of Appeals, 36 Colo. App. 101, 539 P.2d 1290, reversed and certiorari […]

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MIER CONST. v. CONCRETE CONT., 165 Colo. 563 (1968)

(440 P.2d 788) R. W. Mier Construction Co. v. Concrete Contractors, Inc. No. 23128Supreme Court of Colorado. Decided May 13, 1968. Action by subcontractor against general contractor to recover specific sum of money representing reasonable value of certain “changes” made in concrete work relating to construction of a new school building. Judgment for plaintiff. Affirmed […]

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FEY CONCERT CO. v. DENVER, 940 P.2d 972 (Colo.App. 1996)

Fey Concert Company, a Colorado general partnership, Plaintiff-Appellant, v. City and County of Denver, a municipal corporation of the State of Colorado; City and County of Denver Department of Revenue, Sales, Use and Occupational Tax Section; Patricia Schwartzberg, in her capacity Page 973 as Manager of Revenue; the City Council of the City and County […]

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CLINE v. WARRENBERG, 109 Colo. 497 (1942)

126 P.2d 1030 CLINE v. WARRENBERG ET AL. No. 15,131.Supreme Court of Colorado. Decided June 8, 1942. A proceeding under the Workmen’s Compensation Act involving the allowance of attorney fees to counsel for claimant who asserted that the amount fixed was too small. His contention is upheld on review. Judgment Reversed. 1. WORKMEN’S COMPENSATION — […]

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STEVENSON v. PEOPLE, 148 Colo. 538 (1961)

(367 P.2d 339) ROBERT LOUIS STEVENSON v. THE PEOPLE OF THE STATE OF COLORADO. No. 19,892.Supreme Court of Colorado. Decided December 11, 1961. Defendant was convicted of burglary and brings error. Reversed. 1. CRIMINAL LAW — Burglary — Evidence — Possession Stolen Property — Sufficiency. Evidence that stolen articles were recovered from one or the […]

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PALMER PARK v. POTTER, 162 Colo. 178 (1967)

(425 P.2d 268) Palmer Park Gardens, Inc. v. Elizabeth Potter. No. 21209.Supreme Court of Colorado. Decided March 20, 1967. Action to recover damages for personal injuries sustained as result of fall on snow and ice in parking area of apartment house complex. Judgment for plaintiff. Affirmed. 1. TRIAL — Motion for Directed Verdict — Duty […]

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HUFFMAN v. SMITH, 87 Colo. 265 (1930)

286 P. 861 HUFFMAN v. SMITH. No. 12,568.Supreme Court of Colorado. Decided April 7, 1930. Action to quiet title. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. ADVERSE POSSESSION — Color of Title — Payment of Taxes. In an action to quiet title, plaintiff’s title held good under the seven year statute of limitations, […]

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KUHN v. TRIBUNE-REPUBLICAN PUB. CO., 637 P.2d 315 (Colo. 1981)

Leon Kuhn, Peter A. Morrell, and Richard Keven Wright v. Tribune-Republican Publishing Company, doing business as The Greeley Daily Tribune and The Greeley Republican; and John Seelmeyer No. 79SC160Supreme Court of Colorado. Decided October 26, 1981. Rehearing denied November 16, 1981. Certiorari to the Colorado Court of Appeals Page 316 Roath Brega, P.C., Charles F. […]

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BLEHM v. PEOPLE, 817 P.2d 987 (Colo. 1991)

Larry Eugene Blehm, Petitioner, v. The People of the State of Colorado, Respondent. No. 90SC182Supreme Court of Colorado. Decided September 23, 1991. Rehearing Denied October 21, 1991. Certiorari to the Colorado Court of Appeals. David F. Vela, Colorado State Public Defender, Thomas R. Williamson, Deputy State Public Defender, for Petitioner. Gale A. Norton, Attorney General, […]

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PEOPLE, EX REL. COCA v. DIST. CT., 187 Colo. 280 (1975)

(530 P.2d 958) People ex rel. Alfred David Coca v. District Court of the Seventh Judicial District, and The Honorable Fred C. Calhoun No. 26606Supreme Court of Colorado. Decided January 13, 1975. Original proceeding in which defendant sought to obtain a writ of prohibition to compel trial judge to dismiss a theft charge on the […]

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LACY v. ROTATING PRODUCTIONS SYS., 961 P.2d 1144 (Colo.App. 1998)

Rodger Lacy, individually, Plaintiff-Appellee, v. Rotating Productions Systems, Inc., a New Mexico corporation and John Larry Land, individually, Defendants-Appellants. No. 97CA0076Colorado Court of Appeals. June 25, 1998 Appeal from the District Court of Boulder County, Honorable Richard C. McLean, Judge, No. 94CV88 JUDGMENT AFFIRMED IN PART AND REVERSED IN PART Cooksey, Cooksey Hyland, P.C., John […]

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CARLBERG v. WILLMOTT, 87 Colo. 374 (1930)

287 P. 863 CARLBERG v. WILLMOTT. No. 12,292.Supreme Court of Colorado. Decided May 5, 1930. Action for damages resulting when defendant’s dog bit plaintiff’s cow. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Change of Theory. In an action for damages where, in the lower court, plaintiff presented and tried his case on the […]

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VASQUEZ v. ESQUIBEL, 141 Colo. 5 (1959)

(346 P.2d 293) DOLORES VASQUEZ v. FELIX ESQUIBEL. No. 18,563.Supreme Court of Colorado. Decided November 9, 1959. From dismissal of petition in paternity proceeding, the petitioner brings error. Reversed. 1. BASTARDS — Paternity Proceeding — Evidence — Coverture — Presumptions. In an action to establish paternity of a child, the presumption that a child born […]

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PERA v. NICHOLS, 200 Colo. 328 (1980)

(615 P.2d 657) Public Employees Retirement Association, Carl S. Wilkerson, as Chairman of the Public Employees Retirement Association, and Scott Nichols v. Charlotte Nichols No. 79SC154 79SC173Supreme Court of Colorado. Decided August 11, 1980. Plaintiff, as designated beneficiary, appealed from judgments entered by district court dismissing plaintiff’s complaint for review of Public Employees’ Retirement Association’s […]

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VALDEZ v. CANTOR, 994 P.2d 483 (Colo.App. 1999)

Vicki Valdez, Plaintiff-Appellant, v. Avrim Cantor, D.O.P.C., Gary A. Tarshis, M.D.P.C., Mark W. Walton, D.O.P.C., Mark S. Fraley, D.O.P.C., and ExpressCare Plus, Defendants-Appellees. No. 98CA2386Colorado Court of Appeals. December 23, 1999 Appeal from the District Court of El Paso County, Honorable Steven T. Pelican, Judge, No. 98CV2536. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND […]

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LYMBURN v. SYMBIOS LOGIC, 952 P.2d 831 (Colo.App. 1997)

Emily Lymburn, Petitioner, v. Symbios Logic; Insurance Company of the State of Pennsylvania; and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 97CA0214Colorado Court of Appeals. September 18, 1997 Petition for Rehearing DENIED October 23, 1997 Petition for Writ of Certiorari DENIED February 23, 1998 Review of Order from the Industrial […]

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MASTER BARBERS v. BARBERS, 132 Colo. 52 (1955)

(285 P.2d 599) ASSOCIATED MASTER BARBERS, LOCAL NO. 115, ET AL. v. JOURNEYMAN BARBERS, LOCAL NO. 205, ET AL. No. 17,500.Supreme Court of Colorado. Decided June 27, 1955. Suit for declaratory judgment involving union contract. Judgment for defendants. Affirmed. 1. ACTIONS — Declaratory Judgment — Parties. Under Rule 57 (b), Colo. R.C.P., one who is […]

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IN RE MARRIAGE OF MOREHOUSE, 121 P.3d 264 (Colo.App. 2005)

In re the Marriage of Cecil B. MOREHOUSE, Jr., Appellant, and Alice B. Morehouse, Appellee. No. 03CA2525.Colorado Court of Appeals. February 24, 2005. Appeal from the District Court, Jefferson County, Stephen M. Munsinger, J. Page 265 Ronald A. White, Aurora, Colorado, for Appellant. Barbara Quade, P.C., Barbara Quade, Denver, Colorado, for Appellee. RUSSEL, J. Cecil […]

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APPELLATE RULES — RULES 3.3, 4 34, 2004(17) (Colo. 9-9-2004)

Court Rules of the Colorado Supreme Court, Colorado Appellate Rules — Rules 3.3, 4 and 34. Rule Change No. 2004(17).Supreme Court of Colorado. September 9, 2004. Rule Change 2004 (17) THE COLORADO APPELLATE RULES CHAPTER 32Rule 3.3 Appeals of Grant or Denial of Class Certification An appeal from an order granting or denying class certification […]

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BLACKWELL v. JOHNSON, 647 P.2d 237 (Colo. 1982)

Gene Allen Blackwell, Petitioner-Appellant, v. Bert J. Johnson, Respondent-Appellee. No. 81SA106Supreme Court of Colorado. Decided June 28, 1982. Appeal from the District Court of Adams County, Honorable Abraham Bowling, Judge. Forrest W. Lewis, for petitioner-appellant. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Solicitor General, Clement P. Engle, Assistant […]

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PEOPLE v. CZEMERYNSKI, 786 P.2d 1100 (Colo. 1990)

The People of the State of Colorado, Plaintiff-Appellee, v. Charles John Czemerynski, Defendant-Appellant. No. 88SA280Supreme Court of Colorado. Decided February 12, 1990. Petition for Rehearing Denied March 5, 1990. Page 1101 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1102 [EDITORS’ NOTE: […]

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CARNES v. ARAPAHOE VENDING, 71-159 (Colo.App. 7-7-1971)

487 P.2d 593 Robert E. CARNES, Individually and doing business under the firm name and style of The Clan and The Clan, Inc., Plaintiff in Error, v. ARAPAHOE VENDING, INC., a Colorado corporation, Defendant in Error. No. 71-159.Colorado Court of Appeals. Division I. July 7, 1971. Not Selected for Official Publication. 1. Contracts 322(3) Evidence, […]

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PEOPLE v. SOBOTT, 630 P.2d 1069 (Colo. 1981)

The People of the State of Colorado v. Mark Allen Sobott No. 80SA118Supreme Court of Colorado. Decided July 13, 1981. Appeal from the District Court of the City and County of Denver, Honorable John Brooks, Jr., Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan P. Mele-Sernovitz, Assistant […]

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PEOPLE v. GUNTHER, 02PDJ040 (Colo.O.P.D.J. 6-11-2002)

People v. Gunther. No. 02PDJ040.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. June 11, 2002. [1] Attorney Regulation. The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent, Dennis H. Gunther, attorney registration number 03427, from the practice of law for a period of six months, with […]

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INDUSTRIAL COM. v. LOCKARD, 89 Colo. 428 (1931)

3 P.2d 416 INDUSTRIAL COMMISSION ET AL. v. LOCKARD. No. 12,891.Supreme Court of Colorado. Decided September 21, 1931. Proceeding under the Workmen’s Compensation Act. Judgment of the district court remanding the case to the commission for further action. Modified and Affirmed. 1. WORKMEN’S COMPENSATION — Medical Services — Limitation. The furnishing of medical services by […]

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IN RE ESTATE OF BERGHOLDS, 639 P.2d 1086 (Colo.App. 1980)

In the Matter of the Estate of Vilis Bergholds, Deceased, Milly Valks v. Rasma Krabacher, as personal representative of the Estate of Vilis Bergholds, Deceased No. 80CA0099Colorado Court of Appeals. Decided August 21, 1980. Certiorari denied November 10, 1980. Appeal from the Probate Court of the City and County of Denver, Honorable James R. Wade, […]

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THOMASON v. LAMBERT, 133 Colo. 377 (1956)

(295 P.2d 686) JOHN E. THOMASON v. LENA R. LAMBERT. No. 17,813.Supreme Court of Colorado. Decided April 2, 1956. Divorce action involving the custody of a minor child. Decree for plaintiff. Affirmed. Error to the County Court of Mesa County, Hon. Helen Croft, Judge. Messrs. MOYNIHAN, CREPEAU SHOOK, for plaintiff in error. Messrs. GROVES, DUFFORD […]

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KOHN v. BURLINGTON N. AND SANTA FE R.R., 77 P.3d 809 (Colo.App. 2003)

Charles M. Kohn, Plaintiff-Appellee, v. Burlington Northern and Santa Fe Railroad, Defendant-Appellant. No. 00CA2305Colorado Court of Appeals. March 27, 2003 Certiorari Denied October 14, 2003 City and County of Denver District Court No. 99CV7238; Honorable Morris B. Hoffman, Judge JUDGMENT AFFIRMED Division IV Rothenberg and Kapelke, JJ., concur Page 810 Haddon, Morgan, Mueller, Jordan, Mackey, […]

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PEOPLE v. CHAVES, 855 P.2d 852 (Colo. 1993)

The People of the State of Colorado, Petitioner, v. Leonel Alcides Gerardo Chaves, Respondent. No. 93SA113Supreme Court of Colorado. Decided July 19, 1993. Interlocutory Appeal from the District Court, Eagle County Honorable Richard H. Hart, Judge Peter F. Michaelson, District Attorney, Fifth Judicial District, Timothy A. Meinert, Chief Deputy District Attorney, for Petitioner. Fahrenholtz Riva, […]

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BRIGHTON SCHOOL DIST. v. LYONS, 873 P.2d 26 (Colo.App. 1993)

Brighton School District, Petitioner, v. William E. Lyons and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA2075Colorado Court of Appeals. Decided December 2, 1993. Rehearing Denied December 30, 1993. Certiorari Denied May 2, 1994. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No. […]

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FIRST CHRISTIAN ASSEMBLY OF GOD v. THE CITY, 122 P.3d 1089 (Colo.App. 2005)

FIRST CHRISTIAN ASSEMBLY OF GOD, MONTBELLO, a/k/a Kiddie C.A.T. Day Care Center, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, a Colorado municipal corporation, Defendant-Appellee. No. 04CA1449.Colorado Court of Appeals. September 22, 2005. Appeal from the trial court, Denver County, Herbert L. Stern, J. Page 1090 Gersh Helfrich, LLP, Miles M. Gersh, James S. Helfrich, Denver, […]

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PEOPLE v. HENRY, 631 P.2d 1122 (Colo. 1981)

The People of the State of Colorado v. Ross Henry No. 81SA160Supreme Court of Colorado. Decided August 4, 1981. Interlocutory Appeal from the District Court of the County of Montezuma, Honorable Willard W. Rusk, Jr., Judge. Page 1123 Warwick Downing, District Attorney, for plaintiff-appellant. J. Gregory Walta, State Public Defender, Deborah S. Waldbaum, Deputy, for […]

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TITLE GUARANTY v. HARMER, 163 Colo. 278 (1967)

(430 P.2d 78) The Title Guaranty Company, a Colorado corporation, as trustee under Trust No. 166720, Himmel Engineering Co. and Eugene Gustafson v. Harold F. Harmer, Del L. Harmer, and Gertrude M. Harmer. No. 21744.Supreme Court of Colorado. Decided July 17, 1967. Rehearing denied August 21, 1967. Action seeking an injunction against defendants to prevent […]

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DENVER BEECHCRAFT v. BOARD OF ASSESSMENT, 681 P.2d 945 (Colo. 1984)

Denver Beechcraft, Inc., a Colorado corporation, d/b/a Aircraftco Beech, Inc., Plaintiff-Appellee, v. Board of Assessment Appeals of the State of Colorado, Henry F. Shriver, Chairman, and Charles H. Bradley, The County of Jefferson, State of Colorado, by and through The Jefferson County Board of Equalization, James E. Martin, Chairman, Robert F. Clement, Commissioner, and Jefferson […]

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HYDE v. HINTON, 180 Colo. 324 (1973)

(505 P.2d 376) Earl Albert Hyde v. Patrick M. Hinton, District Judge, El Paso County, Colorado No. 25685Supreme Court of Colorado. Decided January 22, 1973. Defendant was convicted of sales of narcotic drug. From denial of his postconviction motion without evidentiary hearing seeking to set aside sentences and to permit him to withdraw his plea […]

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PEOPLE v. MAGEE, 626 P.2d 1139 (Colo. 1981)

The People of the State of Colorado v. Leonard R. Magee No. 80SA67Supreme Court of Colorado. Decided April 20, 1981. Page 1140 Appeal from the District Court of the County of Weld, Honorable Robert A. Behrman, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Susan P. Mele, Assistant […]

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CAMPION v. EAKLE, 79 Colo. 320 (1926)

246 P. 280 CAMPION v. EAKLE. No. 11,467.Supreme Court of Colorado. Decided March 29, 1926. Rehearing denied May 24, 1926. Action for damages for personal injuries resulting from an automobile collision. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. AUTOMOBILES — Right of Way — Reasonable Care. Although one driving an automobile may have […]

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CAMERON v. DIST. CT., 193 Colo. 286 (1977)

(565 P.2d 925) Roland Dale Cameron v. The District Court in and for the First Judicial District of the State of Colorado, and The Honorable George G. Priest, one of the judges thereof. No. 27596Supreme Court of Colorado. Decided June 6, 1977. Original proceeding wherein petitioner sought relief in the nature of prohibition from order […]

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PEOPLE v. MEDINA, 140 P.3d 64 (Colo.App. 2005)

The PEOPLE of the State Of Colorado, Plaintiff-Appellee, v. Juanita Victoria MEDINA, Defendant-Appellant. No. 03CA2282.Colorado Court of Appeals. September 22, 2005. As Modified on Denial of Rehearing February 23, 2006. Certiorari Granted August 14, 2006. Appeal from the Adams County District Court, C. Scott Crabtree and John J. Vigil, JJ. Page 65 John W. Suthers, […]

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FEDERAL DEPOSIT INS. CORP. v. BOWEN, 865 P.2d 868 (Colo.App. 1993)

Federal Deposit Insurance Corporation, as receiver for Buena Vista Bank Trust Company, Plaintiff and Judgment Creditor-Appellee, v. Roy L. Bowen and Philip S. Smith, Defendants and Judgment Debtors-Appellees, and Glenn R. McGowan, Defendant-Appellee, and American Casualty Company of Reading, Pennsylvania, Garnishee Defendant-Appellant, and American Casualty Company of Reading, Pennsylvania, Plaintiff-Appellant, v. Roy L. Bowen, Philip […]

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IN THE INTEREST OF R.J.A., 994 P.2d 470 (Colo.App. 1999)

The People of the State of Colorado, In the Interest of R.J.A., a/k/a B.B.B., a Child, Upon the Petition of the La Plata County Department of Social Services, Petitioner-Appellee, and Concerning R.B., Respondent-Appellant. No. 98CA1963Colorado Court of Appeals. November 26, 1999 Appeal from the District Court of La Plata County, Honorable Timothy A. Patalan, Judge, […]

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PEOPLE v. MARTINEZ, 254 P.3d 1198 (Colo.App. 2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steve MARTINEZ, Jr., Defendant-Appellant. No. 08CA1417.Colorado Court of Appeals. April 28, 2011. Appeal from the District Court, Adams County, Thomas R. Ensor, J. Page 1199 John W. Suthers, Attorney General, Susan E. Friedman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Douglas K. Wilson, Colorado State Public […]

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PEOPLE v. WILKERSON, 189 Colo. 448 (1975)

(541 P.2d 896) The People of the State of Colorado v. Thomas R. Wilkerson No. 26224Supreme Court of Colorado. Decided October 27, 1975. Defendant appeals from a district court order revoking his probation. Affirmed 1. PROBATION AND PAROLE — Revocation Hearing — Evidence — Illegal Search or Seizure — Admissible. Evidence which may be the […]

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COTTER CORP. v. AMERICAN EMPIRE SUR., 64 P.3d 886 (Colo.App. 2002)

Cotter Corporation, Plaintiff-Appellant, v. American Empire Surplus Lines Insurance Company, Great American Insurance Company, American National Fire Insurance Company, American Employers’ Insurance Company, Lexington Insurance Company, Granite State Insurance Company, and First State Insurance Company, Defendants-Appellees. No. 01CA1791.Colorado Court of Appeals. Division II. August 29, 2002. Certiorari Granted March 3, 2003. City and County of […]

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SARGENT v. CRANDALL, 143 Colo. 199 (1960)

(352 P.2d 676) J.N. SARGENT v. A.E. CRANDALL. No. 18,749.Supreme Court of Colorado. Decided May 31, 1960. Action to recover cost of drilling irrigation wells. Judgment for plaintiff. Affirmed. 1. CONTRACTS — Meeting of Minds — Partial Performance. Where an instrument is prepared by one of the parties thereto and delivered to the other who […]

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