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LEVINE v. EMPIRE SAVINGS & LOAN ASSOCIATION

No. C-992.

557 P.2d 386 (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, Petitioners, v. EMPIRE SAVINGS AND LOAN ASSOCIATION et al., Respondents.

Supreme Court of Colorado, En Banc.

December 6, 1976.

Attorney(s) appearing for the Case

Lawrence A. Wright, Jr., Ronald S. Pred, Criswell, Patterson & Ballantine, John A. Criswell, Englewood, for petitioners.

Calkins, Kramer, Grimshaw & Harring, P. C., Law, Nagel & Clark, Fairfield & Woods, Balaban & Lutz, Mosley, Wells, Spence & Dean, James H. Mosley, Denver, for respondents.

KELLEY, Justice.

Petitioners (Levine, et al.) seek review of a court of appeals opinion dismissing their appeal from the trial court's order dismissing their class action. We reverse the court of appeals.

Petitioners, on behalf of themselves and others similarly situated, filed a class action pursuant to C.R.C.P. 23. Upon the motion of respondents, defendants below, the trial court dismissed the class action allegations...

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