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PEOPLE OF STATE OF COLORADO v. TRANSAMERICA INSURANCE CO.

No. 9492.

385 F.2d 61 (1967)

The PEOPLE of the STATE OF COLORADO ex rel. George A. BARKER, Administrator D.B.N. of the Estate of Emmett S. Burns, Deceased, Appellant, v. TRANSAMERICA INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

October 26, 1967.

Attorney(s) appearing for the Case

Eugene F. Costello, Denver, Colo. (Sherman E. Walrod, Holyoke, Colo. and Costello & Kofoed, Denver, Colo., were with him on the brief), for appellant.

R. Sterling Ambler, Denver, Colo. (John R. Hickisch, Denver, Colo., was with him on the brief), for appellee.

Before WILBUR K. MILLER, BREITENSTEIN, and SETH, Circuit Judges.

PER CURIAM.

The district court held that this action against the surety on the bond of the deceased executor of a Colorado estate was barred by the six-year Colorado statute of limitations, Colo.Rev.St. (1963) § 87-1-11.

The bond was given in 1951. In 1955 the probate court found that the executor had sold certain real estate belonging to the estate and given possession thereof; that report of the sale had been made to the court and approved; that possession...

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