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BIGELOW v. NOTTINGHAM

Nos. 89CA1462, 89CA1526.

833 P.2d 764 (1991)

Eugene A. BIGELOW and Alyce M. Bigelow, Plaintiffs-Appellees and Cross-Appellants, v. David A. NOTTINGHAM, Philip R. Hazouri, James A. Giasafakis, Richard H. Elliott, and American Property Equities, a Colorado general partnership, Defendants-Appellants, and Frank J. Haberl, Defendant-Appellant and Cross-Appellee, and Dorothy H. Haberl, Defendant-Cross-Appellee.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing January 23, 1992.

Certiorari Granted August 3, 1992.

Attorney(s) appearing for the Case

Arnold & Porter, Thomas C. Seawell, Richard P. Barkley, Denver, for plaintiffs-appellees and cross-appellants.

Solomon L. Leftin, Denver, for defendants-appellants.

Jacobson & Dudgeon, Ethan A. Jacobson and Leeon E. Hayden, Lakewood, for defendant-appellant and cross-appellee.

No appearance for defendant-cross-appellee.

Opinion by Judge ENOCH.*

This case arises out of a real estate transaction in which plaintiffs, Eugene A. and Alyce M. Bigelow, sold property to defendants, Frank and Dorothy Haberl, in exchange for a promissory note which was secured by a deed of trust covering the property in question. Defendant American Properties Equities, whose general partners are defendants Nottingham, Hazouri, Giasafakis, and Elliott, (collectively APE) subsequently...

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