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LOWEN v. HILTON

No. 18443.

351 P.2d 881 (1960)

Robert H. LOWEN, Plaintiff in Error, v. J. P. HILTON, Charles J. Lowen, and Muriel Stokes Lowen, as Executrix of Estate of Charles J. Lowen, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 23, 1960.

Attorney(s) appearing for the Case

Edward B. Almon, Charles A. Murdock, Denver, for plaintiff in error.

Darwin D. Coit, Denver, for defendant in error J. P. Hilton.

Richard H. Shaw, Denver, for defendants in error Charles J. Lowen, and Muriel Stokes Lowen as Executrix of Estate of Charles J. Lowen.

MOORE, Justice.

This action was commenced by Robert H. Lowen, hereinafter referred to as Robert, to recover damages alleged to have been sustained by him resulting from "malicious prosecution" by the defendants.

The defendant Charles J. Lowen, brother of Robert, died before the action was tried, and the executrix of his estate was thereupon substituted as a party.

It is alleged that defendant Hilton is "a doctor of medicine and a psychiatrist" and...

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