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VAN SCHAACK v. PHIPPS

No. 75-573.

558 P.2d 581 (1976)

Beth Ellen VAN SCHAACK, special Administratrix of the Estate of Henry C. Van Schaack (by substitution for Henry C. Van Schaack, Deceased), Plaintiff-Appellant, Beth Ellen Van Schaack, Individually, Intervenor-Appellant, v. Allan R. PHIPPS and Van Schaack Corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing November 4, 1976.

Attorney(s) appearing for the Case

Clark, Martin & Pringle, Bruce D. Pringle, Warren O. Martin, Denver, for plaintiff-appellant.

Neef, Swanson & Myer, Fred E. Neef, David C. Miller, Denver, for defendants-appellees.

COYTE, Judge.

Plaintiff, Beth Ellen Van Schaack, (Beth Ellen) as special administratrix of the Estate of Henry C. Van Schaack, Jr., (Henry) and in her individual capacity as intervenor, appeals from the dismissal of a purported shareholder's derivative action originally brought pursuant to C.R.C.P. 23.1 by her husband Henry against defendants Allan R. Phipps and the Van Schaack Corporation on January 29, 1973. We reverse.

The suit was based on an alleged oral...

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