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MUNSON v. BOETTCHER & CO., INC.

No. 89CA1627.

832 P.2d 967 (1991)

Margaret H. MUNSON, individually, and as co-trustee for the William R. Munson Trust; W.A. Munson, as co-trustee, and as attorney-in-fact for Marion Gotschall, co-trustee of the William R. Munson Trust, Plaintiffs-Appellants, v. BOETTCHER & COMPANY, INC. and Craig L. Carson, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 19, 1991.

Certiorari Granted June 29, 1992.

Attorney(s) appearing for the Case

Gersh & Danielson, Miles M. Gersh, Laurie K. Rottersman, Denver, for plaintiffs-appellants.

Brega & Winters, P.C., Charles F. Brega, W. Keith Tipton, Denver, for defendants-appellees.

Opinion by Judge METZGER.

Plaintiffs, Margaret H. Munson and the William R. Munson Trust, appeal the award of damages based on a jury verdict finding defendants, Boettcher & Company, Inc., and Craig L. Carson, liable for breach of fiduciary duty. Plaintiffs also appeal the judgment based on the jury verdict finding the defendants not liable for violation of the Colorado Securities Act or for fraud. We reverse and remand for a new trial.

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