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MOELLER v. COLORADO REAL ESTATE COM'N

No. 86SC199.

759 P.2d 697 (1988)

Edward C. MOELLER and Anne Moeller, Petitioners, v. COLORADO REAL ESTATE COMMISSION, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 8, 1988.

Attorney(s) appearing for the Case

Allen, Rogers, Metcalf & Vahrenwald, Donald E. Johnson, Jr., J. Brian McMahill, Fort Collins, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Linda K. Baker, First Asst. Atty. Gen., Denver, for respondent.

ERICKSON, Justice.

We granted certiorari to review Cumpsten v. Colorado Real Estate Commission, 727 P.2d 380 (Colo.App.1986). The issue before us for review is whether a private party who is defrauded by a licensed real estate broker in a scheme to buy and develop subdivision lots is entitled to recovery from the Colorado Real Estate Recovery Fund (Fund). See §§ 12-61-301 to -305, 5 C.R.S. (1973 & 1982...

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