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WESTER HOLDINGS PARTNERSHIP v. REECE

No. 98CA1093.

991 P.2d 328 (1999)

WESTAR HOLDINGS PARTNERSHIP, a Colorado partnership, Plaintiff-Appellant, v. Fred D. REECE, an individual, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

October 28, 1999.

Attorney(s) appearing for the Case

Dufford & Brown, P.C., S. Kirk Ingebretsen, Denver, Colorado, for Plaintiff-Appellant.

E. Hil Margolin, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge RULAND.

Plaintiff, Westar Holdings Partnership, appeals from the judgment of the trial court determining that the notice of lis pendens filed by defendant, Fred D. Reece, was not a "spurious document" for purposes of § 38-35-204, C.R.S.1999. Plaintiff also appeals the award of attorney fees to defendant. We reverse and remand the case for further proceedings.

Plaintiff entered into a contract to sell real property to defendant...

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