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O'HARA GROUP DENVER v. MARCOR HOUSING SYSTEMS

No. C-1656.

595 P.2d 679 (1979)

The O'HARA GROUP DENVER, LTD. and the First National Bank of Englewood, Petitioners, v. MARCOR HOUSING SYSTEMS, INC., Respondent.

Supreme Court of Colorado, En Banc.

Rehearings Denied June 11, 1979.

Attorney(s) appearing for the Case

Banta & Eason, P. C., Stephen G. Everall, William K. Malone, Englewood, for petitioners.

Ireland, Stapleton & Pryor, P. C., William C. Jensen, James C. Ruh, Denver, for respondent.

ERICKSON, Justice.

We granted certiorari to review the decision of the court of appeals in Marcor Housing Systems, Inc. v. First American Title Co., Colo.App., 584 P.2d 86 (1978). We affirm in part, reverse in part, and return this case to the court of appeals with directions to remand to the district court for a new trial on the issues set out in this opinion.

I.

The Facts

In April of 1974...

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