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JACKSON v. ALEXANDER

No. 71-1621.

465 F.2d 1389 (1972)

Gordon D. JACKSON, Plaintiff-Appellant, v. E. C. ALEXANDER and Exchange National Bank of Colorado Springs, a National Banking corporation, as Trustee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 11, 1972.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado Springs, Colo., for plaintiff-appellant.

Charles E. Painter and J. Hartley Murray, Colorado Springs, Colo. (Spurgeon, Aman & Hanes, and Murray, Baker & Wendelken, Colorado Springs, Colo, on the brief) for defendants-appellees.

Before PHILLIPS, SETH and McWILLIAMS, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Jackson brought this action against Alexander and the Exchange National Bank of Colorado Springs,1 a National Banking Corporation, as trustee, to recover for alleged fraud $6,375 as compensatory damages and $10,000 as punitive damages.

The Bank and Alexander filed a motion to dismiss on the grounds that the complaint did not state a claim on which relief could be granted, and did not state the circumstances...

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