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FEIGIN v. ALEXA GROUP, LTD.

No. 99SC728.

19 P.3d 23 (2001)

Philip A. FEIGIN, Securities Commissioner for the State of Colorado, Petitioner, v. ALEXA GROUP, LTD.; James P. Dufficy; Eva F. Balassa; and Securities America, Inc., Defendants, and Charles Patterson, Patricia Patterson, Edward Seevers, and Tamera Seevers.

Supreme Court of Colorado, En Banc.

March 5, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, M. Ashley Albright, First Assistant Attorney General, Patricia A. Cooper, Assistant Attorney General, Business and Licensing Section, Denver, CO, Attorneys for Petitioner.

Kutak Rock LLP, John H. Bernstein, John P. Jones, Matthew J. Rita, Denver, CO, Attorneys for Securities America, Inc.

John F. Head, P.C., John F. Head, Ian S. Karpel, Heather R. Hanneman, Denver, CO, Attorney for Respondents.

Perkins Coie LLP, Donald Salcito, Stephen E. Abrams, Sean Steward, Denver, CO, Attorneys for Amicus Curiae North American Securities Administrators Association.

Justice RICE delivered the Opinion of the Court.

We granted certiorari to determine whether the court of appeals erred in applying a de novo standard of review, in allowing the Investors to intervene, and whether, by doing so, it improperly created a fiduciary or agency relationship between the Colorado Securities Commissioner (the "Commissioner") and the Investors in enforcement proceedings under section 11-51-602, 3 C.R.S. (2000). We now hold that a de novo standard...

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