HOLCOMB v. STEVEN D. SMITH, INC.

No. 06CA0997.

170 P.3d 815 (2007)

John HOLCOMB, Plaintiff-Appellant, v. STEVEN D. SMITH, INC.; Design Benefits, Inc.; America's Health Care/Rx Plan Agency, Inc.; and Does 15, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

September 6, 2007.


Attorney(s) appearing for the Case

Lisa W. Stevens, Monument, Colorado, for Plaintiff-Appellant.

No Appearance for Defendants-Appellees.


Opinion by Judge GRAHAM.

Plaintiff, John Holcomb, appeals the district court's partial summary judgment in favor of defendants, Steven D. Smith, Inc., Design Benefits, Inc., America's Health Care/Rx Plan Agency, Inc., and Does 1-5. We reverse and remand.

Plaintiff has a residential services telephone number that has been registered on the Colorado no-call list since July 2003. He uses the telephone number as a residential number but also publishes it as a...

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