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ATLANTIC & PACIFIC INS. CO. v. BARNES

No. 82CA0621.

666 P.2d 163 (1983)

ATLANTIC AND PACIFIC INSURANCE COMPANY, a Colorado corporation, Petitioner-Appellee, v. J. Richard BARNES, Colorado Commissioner of Insurance, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

May 26, 1983.

Attorney(s) appearing for the Case

Shoemaker, Wham, Krisor & Bendelow, Edward M. Bendelow, Denver, for petitioner-appellee.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Robert M. Howard, Asst. Atty. Gen., Denver, for respondent-appellant.

COYTE,* Judge.

Respondent, J. Richard Barnes, Colorado Commissioner of Insurance (Insurance Commissioner), appeals the judgment of the trial court determining that, contrary to respondent's ruling, the capital of petitioner, Atlantic & Pacific Insurance Company (A & P), was not impaired and setting aside the Insurance Commissioner's order placing A & P under conservatorship. We reverse.

On February 22, 1982, following...

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