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PODBOY v. FRATERNAL ORDER OF POLICE

No. 03CA0862.

94 P.3d 1226 (2004)

Ronald A. PODBOY, Plaintiff-Appellee, v. FRATERNAL ORDER OF POLICE, DENVER SHERIFF LODGE 27, Mike Britton, and C.W. DeNovellis, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

June 3, 2004.

Attorney(s) appearing for the Case

Brega & Winters, P.C., Jay John Schnell, Mark E. Honhart, Denver, Colorado, for Plaintiff-Appellee.

Hamilton & Faatz, P.C., Christopher J.W. Forrest, David R. Osborne, Reid J. Elkus, Denver, Colorado, for Defendants-Appellants.

Opinion by Judge GRAHAM.

Defendants, Fraternal Order of Police, Denver Sheriff Lodge 27(FOP), Mike Britton, and C.W. DeNovellis, appeal the trial court's order denying their motion to dismiss the complaint of plaintiff, Ronald A. Podboy, on the basis of governmental immunity and failure to state a claim upon which relief can be granted. We affirm the order as to governmental immunity and dismiss the appeal as to the order denying the C.R.C.P. 12(b)(5) motion.

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