TEX-AM CARRIERS, INC. v. A. S. T. BROKERAGE

No. 77-1019.

586 P.2d 667 (1978)

TEX-AM CARRIERS, INC., an Iowa Corporation, Plaintiff-Appellant, v. A. S. T. BROKERAGE, INC., a Colorado Corporation, W. M. Jussell, a/k/a "Moe" Jussell and Ron Van Englehoven, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

October 26, 1978.


Attorney(s) appearing for the Case

Kelly/Haglund/Garnsey & Kahn, Howard A. Roitman, Denver, for plaintiff-appellant.

Vernon P. Playton, Douglas John Traeger, Denver, for defendants-appellees A.S.T. Brokerage, Inc. and Ron Van Englehoven.


STERNBERG, Judge.

This appeal addresses the question of whether an answer stating the defendant is without knowledge of plaintiff's corporate existence and capacity to sue is sufficiently specific under C.R.C.P. 9(a)(1) to place that matter in issue so that plaintiff's failure to prove its capacity may properly serve as the basis for dismissal of its complaint. We conclude that such a pleading does not meet the rule's requirement for a specific negative averment,...

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