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RATHKE v. GERTZ

No. 74-234.

532 P.2d 776 (1975)

Bertha Bernice RATHKE, also known as Bertha B. Rathke, also known as Bernice Rathke, et al., Plaintiffs-Appellees, v. Jenny GERTZ, Trustee, et al., Defendants, E. T. O'Boyle, also known as Ed O'Boyle, and Todd S. Kelly, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

February 19, 1975.

Attorney(s) appearing for the Case

Kettelkamp & Vento, P.C., Joseph A. Vento, Pueblo, for plaintiffs-appellees.

Perkins, Goodbee & Mason, Wendell R. Goodbee, Colorado Springs, for defendant-appellant E. T. O'Boyle.

Fredrickson Johnson & McDermott, P. C., Bruce Johnson, Canon City, for defendant-appellant Todd S. Kelly.

Not Selected for Official Publication.

Van CISE, Judge.

Defendants O'Boyle and Kelly have appealed from a summary judgment entered against them on their respective counterclaims for commissions incident to a contract for the sale of the plaintiffs Rathkes' ranch. In entering its judgment after setting forth its findings and conclusions, the trial court stated only that:

"IT IS ORDERED that summary judgment enter herein in favor of plaintiffs and against...

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