GOSS v. CLUTCH EXCHANGE, INC.

No. 83SC324.

701 P.2d 33 (1985)

Kenneth E. GOSS, Petitioner, v. CLUTCH EXCHANGE, INC., a Colorado corporation and Sturgeon Systems, Inc., a Colorado corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 1, 1985.


Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Robert J. Kapelke, Denver, for petitioner.

Kelly/Haglund/Garnsey & Kahn, Edwin S. Kahn, Ann B. Frick, Denver, for respondents.


ERICKSON, Chief Justice.

We granted certiorari to review jury instructions defining a "material fact" within the context of section 11-51-125(1) of the Colorado Securities Act. The court of appeals held that a factual omission or misrepresentation is material within the meaning of section 11-51-125(1) if it is such that a reasonable investor "might" consider it important in making an investment decision. Goss v. Clutch...

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