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SCOTT v. ART OF OPTIKS CHERRY CREEK, INC.

No. 01CA1604.

60 P.3d 770 (2002)

Randy SCOTT, Plaintiff-Appellee, v. ART OF OPTIKS CHERRY CREEK, INC., Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Rehearing November 7, 2002.

Attorney(s) appearing for the Case

John H. Case, Aspen, Colorado, for Plaintiff-Appellee.

Brownstein, Hyatt & Farber, P.C., Stanley L. Garnett, Amy L. Parsons, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge DAILEY.

Defendant, Art of Optiks Cherry Creek, Inc., appeals from a judgment denying its motion for attorney fees from plaintiff, Randy Scott. We reverse and remand.

Scott and Farrell Kahn jointly owned optical stores in Aspen and Cherry Creek. The businesses were incorporated, respectively, as Optiks Holding Corp. pursuant to a 1988 corporate shareholder agreement, and Art of Optiks Cherry Creek, Inc. (Cherry Creek) pursuant to a 1999 corporate...

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