THORNBURG v. HOMESTEAD MINERALS, 184 Colo. 141 (1974)

(518 P.2d 941)

Judith S. Thornburg, a/k/a Judith White Thornburg, a/k/a Judith S. White v. Homestead Minerals Corporation, Don B. Allen and Ray, Quinney and Nebeker

No. C-403Supreme Court of Colorado.
Decided February 11, 1974.

Action against corporation, corporation’s attorney, and attorney’s law firm alleging corporate stockholder had sustained pecuniary losses by virtue of defendants’ refusal to remove restriction on stock which restriction impaired stock’s negotiability. From summary judgment for defendants, plaintiff appealed. Court of Appeals, 32 Colo. App. 299, 513 P.2d 219, affirmed and certiorari was granted.

Affirmed by Operation of Law Certiorari to the Colorado Court of Appeals

Madden and Strate, William J. Madden, for petitioner.

Clark, Martin and Pringle, Bruce D. Pringle, for respondent Homestead Minerals Corporation.

Weller, Friedrich, Hickisch Hazlitt, Arthur H. Downey, for respondents Don B. Allen and Ray, Quinney and Nebeker.

En Banc.

PER CURIAM

MR. CHIEF JUSTICE PRINGLE does not participate. MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE ERICKSON are in favor of affirmance; whereas, MR. JUSTICE DAY, MR. JUSTICE KELLEY, and MR. JUSTICE LEE are in

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favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law pursuant to C.A.R. 35(e).