McHUGH v. FICOR, INC.

No. 78-268.

611 P.2d 578 (1979)

Jerome P. McHUGH; Jerome P. McHugh as Trustee; Recreation Land Company; Dwight L. Johnson; and Denver Internal Medicine Associates, a Professional Company Profit Sharing Trust, Plaintiffs-Appellees, v. FICOR, INC., a Corporation of the District of Columbia; John F. Forstmann; Vankirk E. Fehr; Bruce B. Brundage; Fourven Limited Partnership, a Colorado limited partnership; The Recreational Environmental Development Corporation; and Geoffrey W. Robertson, Defendants-Appellants, and Herbert J. Rothenberg; H. Blair Carlson; Barry W. Frank; William E. Mann; Donald L. Patton; and all other trustees and beneficiaries of the Denver Internal Medicine Associates Profit Sharing Trust, Additional Defendants on the Counterclaim-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 24, 1980.

Certiorari Granted May 19, 1980.


Attorney(s) appearing for the Case

Roath & Brega, P. C., Roger P. Thomasch, Denver, for plaintiffs-appellees and additional defendants on the counterclaim.

Davis, Graham & Stubbs, Thomas S. Nichols, Frank R. Kennedy, Denver, for defendants-appellants.


SMITH, Judge.

In this action by the creditors of a defunct corporation, the defendants appeal from a money judgment entered against them, jointly and severally, and from the trial court's holding that their counterclaim had been waived. We affirm in part, reverse in part, and remand with directions.

On November 18, 1971, the plaintiffs sold 14.557 acres of land to be used for a condominium complex and a lodge to defendant Ficor, Inc. Ficor was incorporated...

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