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LEVINE v. EMPIRE S. & L. ASSOCIATION

No. 74-012.

552 P.2d 34 (1976)

Mark L. LEVINE, a/k/a Mark Lee Levine, and Ellen S. Levine, formerly known as Ellen Sachter, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. EMPIRE SAVINGS AND LOAN ASSOCIATION et al., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 13, 1976.

Certiorari Granted July 6, 1976.

Attorney(s) appearing for the Case

Levine, Pitler & Westerfield, P.C., Harry L. Hellerstein, Denver, Criswell & Patterson, John A. Criswell, Englewood, for plaintiffs-appellants.

Mosley, Wells & Dean, James H. Mosley, Denver, for defendant-appellee Western Federal Savings and Loan Ass'n.

Balaban & Lutz, John A. Lobus, Denver, for defendant-appellee Mile High Savings and Loan Ass'n.

Calkins, Kramer, Grimshaw & Harring, Richard Harring, Denver, for defendant-appellee Empire Savings and Loan Ass'n.

Law, Nagel & Clark, Robert L. Nagel, Denver, for defendant-appellee James B. Nutter & Co.

Fairfield & Woods, Howard Holme, Denver, for defendant-appellee Midland Federal Savings and Loan Ass'n.

Selected for Official Publication.

RULAND, Judge.

This action is before this court for a second time on a motion to dismiss the appeal. It was formerly dismissed, Levine v. Empire Savings & Loan Ass'n, 34 Colo.App. 235, 527 P.2d 910, but subsequently remanded to the trial court pursuant to a decision of the Supreme Court, Levine v. Empire Savings & Loan Ass'n,

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