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LOHF v. WARNER

No. 71-205.

495 P.2d 241 (1972)

Ernest W. LOHF, as Trustee in Bankruptcy in the Estate of Sudler, Hart & Co., d/b/a Sudler & Co., Plaintiff-Appellant, v. George S. WARNER, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

March 21, 1972.

Attorney(s) appearing for the Case

Law, Nagel & Clark, William D. Scheid, Michael Wilfley, Denver, for plaintiff-appellant.

Jack R. Viders, Denver, for defendant-appellee.

Not Selected for Official Publication.

PIERCE, Judge.

This is an appeal of an action by the trustee in bankruptcy for Sudler, Hart & Co., dba Sudler & Co., on a promissory note made by defendant George S. Warner, payable to "R. K. Hart and/or Sudler & Co."

Defendant moved to dismiss on the grounds that R. K. Hart was an indispensable party, under C.R.C.P. 19, and had not been joined in the action. Defendant's motion was granted by the trial...

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