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MAGIN v. DVCO FUEL SYSTEMS, INC.

No. 97CA1934.

981 P.2d 673 (1999)

James A. MAGIN, Plaintiff-Appellant, v. DVCO FUEL SYSTEMS, INC., a Colorado corporation and Marcum Natural Gas Services, Inc., a Delaware corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 8, 1999.

Certiorari Denied August 9, 1999.

Attorney(s) appearing for the Case

Stevens, Littman & Biddison, LLC, Craig A. Weinberg, Mark E. Biddison, Boulder, Colorado, for Plaintiff-Appellant.

Holme, Roberts & Owen, LLP, John R. Webb, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge ROTHENBERG.

Plaintiff, James Magin, appeals the summary judgment entered on his claim of civil conspiracy to defraud a creditor in favor of defendants, Marcum Natural Gas Services, Inc. and its subsidiary, DVCO Fuel Systems, Inc. (collectively Marcum). We reverse.

I.

In 1990, Magin sold two wholly-owned corporations to Shoreline Compression, Inc. (Shoreline), in exchange for promissory notes. These notes were personally guaranteed...

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