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VAN SCHAACK HOLDINGS, LTD. v. FULENWIDER

No. 88SC527.

798 P.2d 424 (1990)

VAN SCHAACK HOLDINGS, LTD., a partnership, and H.C. Van Schaack, III, each Individually and/or Derivatively on Behalf of Box Elder Farms Company, a Colorado Corporation, Petitioners, v. L.C. FULENWIDER, Jr., L.C. Fulenwider III, and L.C. Fulenwider, Inc., a Colorado Corporation, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 9, 1990.

Attorney(s) appearing for the Case

Brenman Raskin Friedlob & Tenenbaum, P.C., Richard H. Goldberg, David H. Wollins, Denver, for petitioners.

Holme Roberts & Owen, Donald K. Bain, Richard G. Wilkins, Denver, for respondents.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari in this case to determine the proper disposition of a pending C.R.C.P. 54(b)1 appeal when the appellants voluntarily comply with the trial court's order. In Van Schaack Holdings, Ltd. v. Fulenwider, 768 P.2d 740 (Colo.App. 1988), the court of appeals held that the parties, in effect, had settled the case in accord with...

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