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YOUMANS v. DIST. CT. IN & FOR CTY. OF DENVER

No. 28260.

589 P.2d 487 (1979)

Paul E. YOUMANS, Harry T. Buchenau, William B. Harvey, George B. Fisher, Investment Advisors, Inc., a Foreign Corporation, and Bosworth, Sullivan & Company, Inc., a Colorado Corporation, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF DENVER, State of Colorado, and the Honorable Mitchel B. Johns, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

January 22, 1979.

Attorney(s) appearing for the Case

Alperstein, Plaut & Snead, a Professional Corp., Arnold Alperstein, Ronald C. Forman, Lakewood, for petitioners.

Yegge, Hall & Evans, John D. Phillips, Jr., Denver, for respondents.

LEE, Justice.

This is an original proceeding in which petitioners seek to prohibit further proceedings in the district court pending arbitration. We issued a rule to show cause and now make the rule absolute.

Hudson Moore, a registered representative but a non-member of the New York Stock Exchange (NYSE), brought an action in the Denver District Court against petitioners. Moore sought to recover damages on his claims for alleged failure to pay commissions...

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