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KOONTZ v. ROSENER

No. 87CA1733.

787 P.2d 192 (1989)

Carl KOONTZ, Diane Koontz, Wayne Newsom and John Murphy, Plaintiffs-Appellants and Cross-Appellees, v. Greg ROSENER, Defendant-Appellee, Third-Party Plaintiff, and Cross-Appellant. REALTY WORLD-RANGE REALTY, LTD. v. ESTES VILLAGE PROPERTIES, LTD., a Colorado corporation, Third-Party Defendant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing January 18, 1990.

Attorney(s) appearing for the Case

Frascona, Joiner & Smittkamp, Steven O. Sims and Cynthia T. Kennedy, Boulder, for plaintiffs-appellants and cross-appellees and third-party defendant and cross-appellee.

Davis & Ceriani, Gary J. Ceriani and John A. Logan, Denver, for defendant-appellee, third-party plaintiff and cross-appellant.

No appearance for third-party defendant and cross-appellee.

Opinion by Judge HUME.

Plaintiffs, Carl Koontz, Diane Koontz, Wayne Newsom, and John Murphy, appeal the judgment that dismissed their claims seeking compensation from defendant, Greg Rosener, for services rendered as employees, and awarded defendant damages on his counterclaims. Defendant cross-appeals those portions of the judgment that awarded plaintiffs an offset for commissions against his damage award, dismissed his third-party claim for unjust enrichment against...

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