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SCHAERRER v. WESTMAN COM'N CO.

No. 87SC315.

769 P.2d 1058 (1989)

Irma L. SCHAERRER, Petitioner, v. WESTMAN COMMISSION COMPANY, Respondent.

Supreme Court of Colorado, En Banc.

February 27, 1989.

Attorney(s) appearing for the Case

Bernard A. Poskus, Legal Aid Society of Metropolitan Denver, Denver, for petitioner.

Joan M. Norman, Lirtzman, Nehls & Meyrich, Boulder, for respondent.

MULLARKEY, Justice.

We granted certiorari to determine whether a creditor may garnish the proceeds of a student's federally guaranteed student loan (GSL) in order to collect an antecedent business debt owed by the student. We reverse the court of appeals and hold that the use of state garnishment procedures to attach GSL funds for such purpose is clearly inconsistent with the federal law governing the GSL program and thus...

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