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MARLIN CHARTERS, INC. v. ISAAC

No. 22014.

433 P.2d 333 (1967)

MARLIN CHARTERS, INC., a Colorado corporation, Plaintiff in Error, v. Robert H. ISSAC, Trustee of the Estate of Copley & Company, Bankrupt, Defendant in Error.

Supreme Court of Colorado, En Banc.

November 13, 1967.

Attorney(s) appearing for the Case

Jack R. Viders, Denver, for plaintiff in error.

Trott, Kunstle & O'Leary, Colorado Springs, for defendant in error.

MOORE, Chief Justice.

Plaintiff in error will be referred to as Marlin, and defendant in error as plaintiff or the trustee. The action was brought by the plaintiff as trustee for Copley & Company, which had been adjudicated a bankrupt, to recover $12,000 he alleged to be an asset of the bankrupt and which was wrongfully withheld by Marlin.

Plaintiff alleged that in November and December 1961 the managing officers and directors of Copley & Company and...

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