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OLMSTEAD v. DISTRICT COURT OF SECOND JUDICIAL DIST.

No. 21704.

403 P.2d 442 (1965)

Charles D. OLMSTEAD, Executor of the Estate of Marguerite M. Ferguson, Deceased, Petitioner, v. The DISTRICT COURT of the SECOND JUDICIAL DISTRICT and the Hon. Merle R. Knous, Judge, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 21, 1965.

Attorney(s) appearing for the Case

Zarlengo, Zarlengo, Seavy & Mulligan, Denver, for petitioner.

Philip A. Rouse, Denver, for respondents.

McWILLIAMS, Justice.

On April 16, 1964 the Hon. Robert P. Fullerton, then serving as a Judge of the Denver District Court, entered an order and judgment concerning the division of property between David and Marguerite Ferguson, said order and judgment being in connection with a decree in divorce which he had theretofore entered in favor of Marguerite.

On September 9, 1964 pursuant to Rule 60 (b) (4) and (5) R.C.P.Colo. David Ferguson filed in the Denver District...

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