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FUKUTOMI v. SIEGEL

No. 88CA1513.

785 P.2d 147 (1989)

Bobby FUKUTOMI and H.S.L. Suncrest Properties, Inc., Plaintiffs, v. J.A. SIEGEL and Walter A. Saunders, Defendants-Appellees, v. Lew S. McGINNIS, individually and as Debtor-in-Possession in the Bankruptcy Estate of Lew S. McGinnis, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

November 16, 1989.

Attorney(s) appearing for the Case

Daniel M. Winograd, P.C., Daniel M. Winograd, Colorado Springs, for defendants-appellees.

Holland & Hart, Raymond P. Micklewright and Christine M. Arguello, Colorado Springs, for defendant-appellant.

Opinion by Judge FISCHBACH.

Lew S. McGinnis, individually and as Debtor-in-Possession of his bankrupt estate, appeals the district court's default judgment against him and its refusal to set aside the default judgment, in which J.A. Siegel and Walter A. Saunders were adjudged sole owners of certain funds which had been interpled into the court registry. McGinnis raises two issues: First, that the trial court judgment is void ab initio because it violates the...

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