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STATE EX REL. COLO. DEPT. OF HEALTH v. I.D.I.

No. 80CA0739.

642 P.2d 14 (1981)

The STATE of Colorado ex rel. The COLORADO DEPARTMENT OF HEALTH, Plaintiff-Appellee, v. I.D.I., INC., d/b/a Birchwood Pavilion Care Center, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 15, 1981.

Certiorari Denied March 8, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Eva Camacho Woodard, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Atler, Zall & Haligman, P.C., Lawrence M. Henry, Denver, for defendant-appellant.

STERNBERG, Judge.

Defendant, I.D.I., Inc., d/b/a Birchwood Pavilion Care Center, appeals the Denver District Court's denial of injunctive relief, the effect of which would have been to dismiss a "conservator" appointed to manage the nursing home. The appointment had been made pursuant to a stipulated agency order. I.D.I. asserts that, because the probate court has exclusive jurisdiction to appoint a conservator, the district court lacked subject matter jurisdiction...

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