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WIMMER v. JENKINS

No. 84CA0478.

703 P.2d 1326 (1985)

Ernest L. WIMMER, d/b/a W.W. Auctions & Real Estate, Plaintiff, v. Donna Sue JENKINS, Defendant-Appellee, and The Department of Revenue, State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

June 6, 1985.

Attorney(s) appearing for the Case

Wood, Herzog, Osborn & Bloom, P.C., Charles S. Bloom, Fort Collins, for defendant-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Larry A. Williams, Asst. Atty. Gen., Denver, for defendant-appellant.

METZGER, Judge.

In an interpleader action brought by plaintiff, Ernest L. Wimmer, d/b/a W.W. Auctions & Real Estate, the Colorado Department of Revenue (Department) appeals the summary judgment entered in favor of Donna Sue Jenkins. We reverse and remand for further proceedings.

On March 1, 1981, R/C Trotta, Inc., a Colorado corporation, entered into a limited partnership agreement with Donna Sue Jenkins. The limited partnership was organized to form and...

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