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OLSEN v. VAIL ASSOCIATES REAL ESTATE

No. 96SC28.

935 P.2d 975 (1997)

Valorie OLSEN, individually and as Personal Representative of the Estate of J. Perry Olsen; Janis O. Sterrett; and James P. Olsen, Jr., Petitioners, v. VAIL ASSOCIATES REAL ESTATE, INC.; Vail Associates Farm And Ranch Company; Daniel J. Leary; and Richard A. Kesler, Respondents.

Supreme Court of Colorado, En Banc.

April 7, 1997.

Attorney(s) appearing for the Case

Dufford, Waldeck, Milburn & Krohn, Linda E. White, Flint B. Ogle, Laird T. Milburn, Grand Junction, for Petitioners.

Holme Roberts & Owen LLC, Nancy J. Gegenheimer, Boyd N. Boland, Denver, Walter H. Sargent, P.C., Colorado Springs, for Respondents.

Justice SCOTT delivered the Opinion of the Court.

In Olsen v. Vail Associates Real Estate, Inc., No. 94CA0710 (Colo.App. Nov. 9, 1995) (not selected for publication), the court of appeals held that respondents, real estate brokers and defendants before the trial court, did not fail to disclose material information to petitioners, the sellers and plaintiffs before the trial court, and therefore did not breach a fiduciary duty of loyalty. The court based its...

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