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FEIGIN v. ZINN

No. 88CA1060.

789 P.2d 478 (1990)

Philip A. FEIGIN, Acting Securities Commissioner for the State of Colorado, Plaintiff-Appellant, v. Carl N. ZINN, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

February 8, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Richard Djokic, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Rothgerber, Appeal, Powers & Johnson, James M. Lyons and Patrick M. Flaherty, Denver, for defendant-appellee.

Joseph H. Long, Norman, Okl., and Calkins, Kramer, Grimshaw & Harring, John A. Eckstein, Denver, amicus curiae North American Securities Administrators Ass'n.

Opinion by Judge HUME.

Plaintiff, Phillip A. Feigin, the acting securities commissioner for the State of Colorado (commissioner), appeals from a declaratory judgment in favor of defendant, Carl Zinn, declaring that the transactional immunity provided by § 11-51-119, C.R.S. (1987 Repl.Vol. 4B) is self-executing upon a witness' expression of an intent to claim his constitutionally guaranteed privilege against self-incrimination. We reverse and remand with directions...

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