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TIMOTHY C. WIRT, M.D., P.C. v. PROUT

No. 85CA1801.

754 P.2d 429 (1988)

TIMOTHY C. WIRT, M.D., P.C. and James S. Warson, M.D., P.C., Claimants-Appellees, v. Helen PROUT, as Personal Representative of the Estate of Mabel Eileen Payne, and Helen Prout, as Personal Representative of the Estate of E. Milton Payne, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

March 10, 1988.

Attorney(s) appearing for the Case

Law Offices of Kenneth C. Wolfe, P.C., Kenneth C. Wolfe, Fort Collins, for claimants-appellees.

Hill, Hill and Manges, P.C., Alden T. Hill, Gerald W. Laska, Fort Collins, for defendants-appellants.

BABCOCK, Judge.

Helen Prout, personal representative of the estates of Mabel Eileen Payne and E. Milton Payne, appeals from an order determining that she holds $3,151.54 in constructive trust for claimants, Timothy C. Wirt, M.D., P.C., and James S. Warson, M.D., P.C. We reverse.

The facts are undisputed. Mrs. Payne was an elderly pensioner covered by a medical reimbursement plan funded by Mountain Bell. The Equitable Life Assurance Society (Equitable) administered...

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