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ALEXANDER DAWSON, INC. v. FLING

No. 20376.

396 P.2d 599 (1964)

ALEXANDER DAWSON, INC., a Delaware corporation, Plaintiff in Error, v. Roy R. FLING, Sr., Goldie M. Fling, Defendants in Error.

Supreme Court of Colorado. In Department.

As Modified on Denial of Rehearing November 30, 1964.

Attorney(s) appearing for the Case

Richard C. Hopkins, Reynolds & Connell, Boulder, for plaintiff in error.

Wynn M. Bennett, Jr., Grant E. McGee, Denver, for defendants in error.

FRANTZ, Justice.

Alexander Dawson, Inc. (the corporation) sued the Flings for an adjudication of their rights to certain real estate in proceedings under Rule 105, R.C.P.Colo. In their answer, the Flings admitted that they claimed some right, title and interest in the real estate. They also counterclaimed in four counts.

In essence, the counterclaims sought relief in two respects: (1) relief under Rule 105, R.C.P.Colo., as to described real estate which is...

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