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S.W. DEVANNEY & CO., INC. v. GRIFFIN

No. 86CA0566.

757 P.2d 1088 (1988)

S.W. DEVANNEY & CO., INC. and Stephen W. Devanney, Plaintiffs-Appellees, v. Royce GRIFFIN, as Commissioner of Securities for the State of Colorado, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 3, 1988.

Certiorari Granted July 11, 1988.

Attorney(s) appearing for the Case

Bucholtz, Bull & Ewing, P.C., James C. Bull, Keith Frankl, Denver, for plaintiffs-appellees

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eugene C. Cavaliere, Deputy Atty. Gen., Suzanne A. Fasing, Asst. Atty. Gen., Denver, for defendant-appellant.

Joseph C. Long, Robert H. Davenport, amicus curiae North American Securities Administrators Ass'n, Inc.

Certiorari Granted (Griffin) July 11, 1988.

BABCOCK, Judge.

Defendant, the Colorado Commissioner of Securities (Commissioner), appeals the summary judgment entered in favor of plaintiffs. Plaintiff Steven W. Devanney is the principal and chief executive officer of plaintiff S.W. Devanney & Co. (Devanney), a securities broker-dealer. We affirm.

The relevant facts are not disputed. In July 1982, an employee of the Commissioner entered the Devanney...

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