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EQUISEARCH, INC. v. LOPEZ

No. 84CA1203.

722 P.2d 426 (1986)

EQUISEARCH, INC., a Colorado corporation, Plaintiff-Appellee, v. Don LOPEZ, a/k/a Donald Lopez, Defendant, and concerning Morton L. Pepper, Trustee for Children's Trust Fund, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

May 1, 1986.

Attorney(s) appearing for the Case

Wolf & Slatkin, P.C., Robert H. Winter, Denver, for plaintiff-appellee.

Levi Martinez, Pueblo, Roath & Brega, P.C., David W. Stark, Denver, for respondent-appellant.

SMITH, Judge.

Respondent, Morton L. Pepper, trustee for Children's Trust Fund, appeals a determination of the trial court under C.R.C.P. 69(f) that $140,000 paid to the trust in settlement of a lawsuit and satisfaction of a debt was made with monies fraudulently obtained by a third person from plaintiff, Equisearch, Inc., and was therefore subject to a constructive trust. The court ordered Pepper and the trust to pay over the money to Equisearch with interest. We...

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