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LUCAS v. ABBOTT

No. C-1789.

601 P.2d 1376 (1979)

Duane L. LUCAS, Petitioner, v. J. Dudley ABBOTT, Jr., and Sandstone 70 Corporation, a Colorado Corporation, Respondents.

Supreme Court of Colorado, En Banc.

October 29, 1979.

Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, P. C., David A. Bottger, Donald B. Gentry, Denver, for petitioner.

Almon & Barsotti, David Barsotti, Denver, for respondents.

ROVIRA, Justice.

We granted certiorari to review a decision of the Colorado Court of Appeals, which reversed the district court. Abbott v. Lucas, Colo.App. (1978). The trial court granted the defendant's motion for summary judgment on the basis that the statute of limitations began to run at the inception of a constructive trust; i. e., with the constructive trustee's receipt of the trust res on June...

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