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FLAVELL v. DEPARTMENT OF WELFARE C. & C. OF DENVER

No. 18914.

355 P.2d 941 (1960)

William FLAVELL, Plaintiff in Error, v. DEPARTMENT OF WELFARE, CITY AND COUNTY OF DENVER, Colorado, City and County of Denver, Colorado, a municipal corporation, and the Colorado State Department of Public Welfare, Defendants in Error.

Supreme Court of Colorado. In Department.

October 10, 1960.

Attorney(s) appearing for the Case

Henry & Keating, Denver, for plaintiff in error.

John C. Banks, Frank A. Elzi, Robert G. Hoghaug, Denver, for defendants in error.

DAY, Justice.

This is an action by the Denver Department of Welfare to recover the unpaid balance on a promissory note executed by William Flavell. In 1955 the Department charged Flavell with the receipt of old age pension payments during a period in which his personal assets exceeded the maximum $750 then allowed. The note was given, under protest, to settle this claim and to provide for repayment of the amount in monthly installments.

The Department's complaint...

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