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MURRAY MORTG. INV. v. GULF ATLANTIC LIFE INS.

No. 78-445.

594 P.2d 583 (1978)

MURRAY MORTGAGE INVESTORS, acting by its Trustees, Ray M. Antrim, Jack E. Crozier, Drake McKee, Felix McKnight, Fulton Murray, Russell H. Perry, and Richard H. Shaw, Plaintiffs, v. GULF ATLANTIC LIFE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. OTERO SAVINGS AND LOAN ASSOCIATION, Third-Party Defendant-Appellant, Ben Bozeman, Witness-Appellee.

Colorado Court of Appeals, Division III.

Rehearing Denied November 24, 1978.

Certiorari Granted May 7, 1979.

Attorney(s) appearing for the Case

Fairfield & Woods, Patrick F. Kenney, James L. Stone, Denver, for third-party defendant-appellant.

Drexler & Wald, P.C., Stanley L. Drexler, Michael J. Abramovitz, Chester J. Stern, Denver, for witness-appellee.

RULAND, Judge.

This proceeding was initiated by Otero Savings and Loan Association pursuant to § 13-90-111, C.R.S.1973, to take the depositions of certain Colorado residents in conjunction with a civil action which is now pending in Dallas, Texas. Otero appeals from an order of the Denver District Court determining that the witness, Ben Bozeman, was not under a duty to produce certain documents. We reverse.

The relevant facts are not in dispute. Murray...

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