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FISHMAN v. VAN SCHAACK & COMPANY

No. 70-669. (Supreme Court No. 24161.)

482 P.2d 990 (1971)

Ben FISHMAN, Ellis Sam Fishman, and Paul Jordan Fishman, Plaintiffs in Error, v. VAN SCHAACK & COMPANY, a Colorado corporation, Sheridan Shopette, Inc., a Colorado corporation, the Connecticut General Life Insurance Company, a Connecticut corporation, James K. Horton, Dorothy M. Horton, Loran E. Clarida, Ellen L. Clarida, Leonard M. Schack, John P. Mizicko, Kansas City Title Insurance Company, a Missouri corporation, Colorado Title Company, and Fernando J. Serafini, Public Trustee of the City and County of Denver, State of Colorado, Defendants in Error.

Colorado Court of Appeals, Division 1.

March 16, 1971.

Attorney(s) appearing for the Case

William A. Black, Denver, for plaintiffs in error.

Atler, Haligman & Atler, Edward Haligman, Denver, for Van Schaack & Co., Leonard M. Schack and John P. Mizicko.

Holme, Roberts & Owen, Peter H. Holme, Jr., Denver, for Kansas City Title Ins. Co. and Colorado Title Co.

Morrato, Gueck & Colantuno, James J. Morrato, Denver, for Sheridan Shopette, Inc., James K. Horton, Dorothy M. Horton, Loran E. Clarida and Ellen L. Clarida.

No appearance for Connecticut General Life Ins. Co. and Fernando J. Serafini, Public Trustee of the City & County of Denver.

Not Selected for Official Publication.

PIERCE, Judge.

This case was originally filed in the Supreme Court of the State of Colorado and was subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.

Prior to the transfer to this Court, the Colorado Supreme Court dismissed Kansas City Title Insurance Company, Colorado Title Company, and The Connecticut General Life Insurance Company from this action.

Plaintiffs...

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