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COLORADO SPRINGS NATIONAL BANK v. FEREBEE

No. 71-069. (Supreme Court No. 24185.)

486 P.2d 456 (1971)

The COLORADO SPRINGS NATIONAL BANK, a Corporation, as Administrator of the Estate of C. L. Feldt, Deceased, the last surviving partner of the partnership of Feldt & Maytag, Cornelia H. Maytag and the First National Bank of Colorado Springs, a Corporation, as the Co-Executors of the Estate of James B. Maytag, Deceased, Plaintiffs in Error, v. Alice S. FEREBEE, as Administratrix, C. T.A., of the Estate of D. M. Ferebee, Deceased; Marjorie C. Grantham, Executrix of the Last Will and Testament of Everett M. Grantham, Deceased, substituted for Everett M. Grantham; and W. Wayne Jones, Defendants in Error.

Colorado Court of Appeals, Div. I.

June 2, 1971.

Attorney(s) appearing for the Case

Cole, Herbert, Hecox, Tolley & Edwards, Colorado Springs, McKelvey & McKelvey, Durango, Morrato, Gueck & Colantuno, P.C., Denver, for plaintiffs in error.

Emigh & Emigh, Durango, for defendant in error Alice S. Ferebee, as Administratrix, C.T.A., of Estate of D. M. Ferebee, Deceased.

Sutin, Thayer & Browne, Norman S. Thayer, Albuquerque, N. M., Blakemore McCarty, Colorado Springs, for defendants in error Marjorie C. Grantham, Executrix of Last Will and Testament of Everett M. Grantham, Deceased, substituted for Everett M. Grantham, and W. Wayne Jones.

Not Selected for Official Publication.

DUFFORD, Judge.

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

The parties are before us in their trial court positions. We shall refer to the plaintiffs as "Feldt & Maytag" and to the defendants, all of whom claim under or through D. M. Ferebee, deceased, as "Ferebee."

This case concerns the rights and obligations between the parties which stem from the joint operation and development...

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