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BENTON v. ADAMS

No. 02SA158.

56 P.3d 81 (2002)

In re Oren L. BENTON, as trustee for June Adams Q-Tip Trust, Plaintiff, v. John R. ADAMS, Defendant/Third Party Plaintiff, and Oren L. Benton, Third Party Defendant.

Supreme Court of Colorado, En Banc.

October 15, 2002.

Attorney(s) appearing for the Case

Thomas C. Seawell, Denver, Colorado, Attorney for Petitioner John R. Adams.

Oren L. Benton, Denver, Colorado, Pro Se Respondent.

Lottner Rubin Fishman Brown & Saul, P.C., Curt Todd, Denver, Colorado, Attorneys for Respondent June Adams Kilkenny.

Justice HOBBS delivered the Opinion of the Court.

In this original proceeding under C.A.R. 21, we issued a rule to show cause to review the trial court's denial of petitioner John Adams' motion for leave to amend his answer, add counterclaims, and join a third party to make a claim against her through interpleader.

We now make the rule absolute, holding that (1) the trial court erred as a matter of law in determining that the interpleader amendment is futile...

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