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KLOCKNER v. KESER

No. 71-040, (Supreme Court No. 24204.)

488 P.2d 1135 (1971)

Herbert F. KLOCKNER and Glenn R. Combellick, Plaintiffs in Error. v. Dan KESER, d/b/a Fort Carson Motors and Fort Carson Auto Sales, and Kramer Motors, Inc., Defendants in Error.

Colorado Court of Appeals, Division II.

As Modified on Denial of Rehearing July 7, 1971.

Certiorari Denied September 27, 1971.

Attorney(s) appearing for the Case

John A. Criswell, Englewood, for plaintiff in error Glenn R. Combellick.

Simon, Eason, Hoyt & Malone, William K. Malone, Englewood, for plaintiff in error Herbert F. Klockner.

Strand, Holst & Hilbert, Edwin Strand, Colorado Springs, for defendant in error Dan Keser, d/b/a Fort Carson Motors and Fort Carson Auto Sales.

Chisen & Pearl, Arden L. Pearl, Denver, for defendant in error Kramer Motors, Inc.

Selected for Official Publication.

DUFFORD, Judge.

This case was transferred from the Supreme Court pursuant to statute.

K.M.S. Co., Inc., d/b/a Denver's Great Western Auto Auction, which we shall refer to as the corporation, was actively engaged in the business of auctioning automobiles from November 1965 until the end of September 1966. In September 1966, Dan Keser, d/b/a Fort Carson Motors and Fort Carson Auto Sales, and Kramer Motors, Inc., whom...

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