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   State Courts - Colorado - May 24 - May 25, 2001

  
Anheuser Busch, Inc. v. Industrial Claim Appeals Office, Court of Appeals No. 00CA2242, COURT OF APPEALS OF COLORADO, DIVISION A, May 24, 2001, Decided
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Overview: Employer and insurer not required to file a cost bond in a worker's compensation appeal, as the Colorado Appellate Rules of Procedure distinguished appeals in "civil cases" from appeals from state agencies.

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Antelope Co. v. Mobil Rocky Mt., Inc., Court of Appeals No. 99CA2366, COURT OF APPEALS OF COLORADO, May 24, 2001, Decided
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Overview: It was error to transform the motion in limine hearing into a summary judgment hearing, and the doctrine of collateral estoppel precluded defendant from relitigating the issue of the ambiguity of the parties' agreement.

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Miller v. Indus. Claim Appeals Office, Court of Appeals No. 00CA1739, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 24, 2001, Decided
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Overview: As employer and insurer's failure to pay employee's workers' compensation benefits was both wrongful and unjust at the time it was withheld, the assessment of a penalty was appropriate.

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People v. Gonzales, Court of Appeals No. 99CA2493, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 24, 2001, Decided
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Overview: Because premium on bond was erroneously paid by third party who was not a defendant in the case, the trial court did not abuse its discretion in ordering the return of the premium by the appellant surety and its agent.

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People v. Pineda, Court of Appeals No. 98CA1623, COURT OF APPEALS OF COLORADO, DIVISION ONE, May 24, 2001, Decided
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Overview: Conviction for child abuse was affirmed where prosecutor could challenge for cause a juror with attention deficit disorder, child abuse statute was not overly vague, and defendant had a duty to prevent husband from beating the victim.

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Rocky Mt. Rhino Lining v. Rhino Linings United States, Court of Appeals No. 00CA0242, COURT OF APPEALS OF COLORADO, DIVISION FOUR, May 24, 2001, Decided
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Overview: Product distributor established a proper claim against product manufacturer under state consumer protection statute, as product manufacturer's deceptive trade practices had a significant public impact.

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Zivian v. Brooke-Hitching, Court of Appeals No. 00CA0009, COURT OF APPEALS OF COLORADO, DIVISION THREE, May 24, 2001, Decided
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Overview: Defendant was properly elected to the town council because she did not lose Colorado residency by temporarily going to New York.

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People v. Mercer, No. 00PDJ009, SUPREME COURT OF COLORADO, PRESIDING DISCIPLINARY JUDGE, May 25, 2001, Decided
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People v. Mercer, Case No.: 00PDJ009, Supreme Court of Colorado, Presiding Disciplinary Judge, May 25, 2001, Decided
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Overview: Disciplinary charges brought against attorney were dismissed. It could not be concluded that attorney represented clients with conflicting interests, or that he facilitated a client's violation of a visitation order.

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