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HOECKER v. UNITED BANK OF BOULDER

No. 72-1170.

476 F.2d 838 (1973)

Robert L. HOECKER, Trustee in Bankruptcy of Anthony Colacci, Bankrupt, Plaintiff-Appellant, v. UNITED BANK OF BOULDER, Administrator C. T. A. of the Estate of Mike Colacci, a/k/a Michael Archangelo Colacci, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 29, 1973.

As Amended on Denial of Rehearing April 23, 1973.

Attorney(s) appearing for the Case

Frederick T. Berhenke, Denver, Colo., for plaintiff-appellant.

Don P. Stimmel, Boulder, Colo. (Paul A. Dupler, Boulder, Colo., on the brief), for defendants-appellees.

Before PHILLIPS, SETH and HOLLOWAY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

This is an appeal from a judgment dismissing the complaint, D.C., 334 F.Supp. 1080, on the ground that it did not state a claim upon which relief could be granted, in an action brought by Hoecker in his official capacity as trustee of the estate of Anthony Colacci, bankrupt. The defendants were the bankrupt; his brother, Joseph Colacci; his children, Toni Musgrove, Mary Motto, Patty Dondelinger...

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