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BLACK DIAMOND FUND, LLLP v. JOSEPH

No. 08CA0883.

211 P.3d 727 (2009)

BLACK DIAMOND FUND, LLLP, Wealth Strategy Partners, and Harvey Altholtz, Plaintiffs-Appellants, v. Fred J. JOSEPH, Colorado Securities Commissioner, and Colorado Division of Securities, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

May 28, 2009.

Attorney(s) appearing for the Case

Isaacson Rosenbaum P.C., David A. Zisser, Denver, Colorado, for Plaintiffs-Appellants.

John W. Suthers, Attorney General, Russell B. Klein, Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge RICHMAN.

Black Diamond Fund, LLLP (BDF), an issuer of limited partnership interests; Wealth Strategy Partners (WSP), the general partner of BDF; and Harvey Altholtz, the individual member of WSP who conducted the activities of BDF (collectively respondents), appeal from a final order of the Colorado Securities Commissioner directing them to cease and desist from committing or causing any violations of sections 11-51-301, -401, and -501, C.R.S.2008...

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