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FARMERS ELEVATOR COMPANY OF STERLING v. MORGAN

No. 23717.

474 P.2d 617 (1970)

FARMERS ELEVATOR COMPANY OF STERLING, a Colorado corporation, Plaintiff in Error, v. Larry MORGAN, E. D. Dressel, d/b/a E. D. Dressel Feed & Seed Co., J. Boggs, a/k/a J. B. Bell, Myron Karsten, and the First National Bank of Fleming, a national banking corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 5, 1970.

Attorney(s) appearing for the Case

Benedetti & Fennie, Francis A. Benedetti, Wray, for plaintiff in error.

Sandhouse & Sandhouse, Charles H. Sandhouse, Sterling, for defendant in error, E. D. Dressel.

J. H. Howard, Denver, for defendant in error Larry Morgan.

GROVES, Justice.

The parties appear here in the same order as in the trial court. In its complaint the plaintiff alleged that one of the defendants had fraudulently converted grain to his own use and that the other defendants, including the First National Bank of Fleming and Myron Karsten, were involved in a civil conspiracy relating to the conversion. During trial the Bank and Mr. Karsten moved for dismissal as to them, to which motion the plaintiff did not object...

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