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HERBST v. UNIVERSITY OF COLORADO FOUNDATION

Court of Appeals No. 20CA2067.

513 P.3d 388 (2022)

2022 COA 38

Clarence HERBST, Gerald Miller, Jerome Young, and Emmanuel Alfaro, Plaintiffs-Appellants, v. UNIVERSITY OF COLORADO FOUNDATION and Board of Directors of the University of Colorado Foundation, Defendants-Appellees, and Board of Regents of the University of Colorado, Intervenor-Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Announced March 31, 2022.

Attorney(s) appearing for the Case

Dowd Bennett LLP, Matthew E. Johnson , Kimberly Berve , Denver, Colorado, for Plaintiffs-Appellants.

Wilmer Cutler Pickering Hale and Dorr LLP, John Walsh , Michael J.P. Hazel , Denver, Colorado, for Defendants-Appellees.

Philip J. Weiser , Attorney General, Jennifer H. Hunt , Senior Assistant Attorney General, Natalie L. Powell , Senior Assistant Attorney General, Erica Weston , Special Assistant Attorney General, Denver, Colorado, for Intervenor-Defendant-Appellee.

Philip J. Weiser , Attorney General, Joseph A. Peters , Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado State University, Metropolitan State University, and Colorado School of Mines.

¶ 1 The University of Colorado Foundation (Foundation) is a nonprofit charitable corporation. Its stated purposes are to receive, manage, and prudently invest private donations for the benefit of the University of Colorado (CU) and to support CU's philanthropic endeavors through donor stewardship. Plaintiffs aren...

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