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FIRST NATIONAL BANK IN FORT COLLINS v. ROSTEK

No. C-317.

514 P.2d 314 (1973)

FIRST NATIONAL BANK IN FORT COLLINS, as guardian of Mickey Allen Hornbacher, et al., Petitioner, v. Shirley L. ROSTEK, Administratrix of the Estate of John E. Rostek, Respondent.

Supreme Court of Colorado, En Banc.

September 24, 1973.

Attorney(s) appearing for the Case

The Law Offices of Daniel S. Hoffman; by Gene M. Hoffman, of counsel, Denver, for petititoner.

Hill & Hill, Fort Collins, Blunk, Johnson & Allspach, Denver, for respondent.

PRINGLE, Chief Justice.

This case arises out of events surrounding a tragic airplane accident which took the lives of Carol Hardin Rostek and her husband, John E. Rostek. The First National Bank in Fort Collins, plaintiff below (petitioner herein), is the guardian of the natural children of Carol Hardin Rostek. The respondent is the administratrix of the estate of John E. Rostek.

Pursuant to 1967 Perm.Supp., C.R.S. 1963, 41-1-3, petitioner filed a wrongful...

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