PEFFER v. BENNETT

No. 74-1654.

523 F.2d 1323 (1975)

Helen Churches PEFFER, Plaintiff-Appellant, v. Charles E. BENNETT, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 17, 1975.

Rehearing Denied November 10, 1975.


Attorney(s) appearing for the Case

Jerome R. Strickland, Denver, Colo., for plaintiff-appellant.

Charles E. Bennett, Denver, Colo. (Robert W. Caddes, Denver, Colo., on the brief), for defendant-appellee.

Before HILL, SETH and BARRETT, Circuit Judges.


HILL, Circuit Judge.

This is an appeal from a defendant's judgment in an action brought under Colorado law to recover attorney's fees and other expenses incurred in a will contest. Recovery is sought under the rule that reasonable expenses, including attorney's fees, are recoverable when defendant's wrongful act has involved plaintiff in litigation with third parties. The wrongful act alleged is the tort of malicious interference with a prospective right of inheritance...

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