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   State Courts - Colorado - September 27, 2001

  
Command Communs., Inc. v. Fritz Cos., Court of Appeals No. 00CA1209, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 27, 2001, Decided
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Overview: A customs broker's fiduciary duty to its client did not extend to continual research of the United States Customs Service's binding rulings on classifications and tariffs, at least before 1996 when the service developed a workable website.

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Cowen v. Westminster Mall Co., Court of Appeals No. 98CA1782, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 27, 2001, Decided
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Overview: Court did not err in upholding city's regulations which restricted the practice of religious proselytizing to a mall's food court area because the restriction was a reasonable regulation of the place of the activity.

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Duncan v. Nat'l Home Ins. Co., Court of Appeals No. 00CA1346, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 27, 2001, Decided
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Overview: A restrictive endorsement on the back of an arbitration award check acknowledging it was in full satisfaction of the award and the addition of prejudgment interest upon confirmation of the award, was an impermissible modification of the award.

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Filho v. Rodriguez, Court of Appeals No. 00CA1485, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 27, 2001, Decided
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Overview: Where management company entered into lease with tenants as agent of the owners, the owners were entitled to enforce the lease, even though they were not named parties to the lease.

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Holliday v. Reg'l Transp. Dist., Court of Appeals No. 00CA1778, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 27, 2001, Decided
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Overview: Government agency's policy to restrict resources to correspondence only favorable to the agency gave rise to issues of material fact whether policy was viewpoint discrimination, and whether it was retaliation for exercise of free speech.

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In re Marriage of Donovan, Court of Appeals No. 00CA2059, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 27, 2001, Decided
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Overview: Evidence concerning quality of life, reasonable visitation schedules, support systems, and educational opportunities were sufficient to establish a prima facie case for removal of a child out-of-state.

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In re Marriage of Orr, Court of Appeals No. 00CA1401, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 27, 2001, Decided
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Overview: Judgment interpreting and enforcing provisions of Texas decree and separation agreement was vacated because wife failed to comply with statutory requirement to attach exemplified copies of Texas file which deprived court of jurisdiction.

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Janssen v. Indus. Claim Appeals Office, Court of Appeals No. 00CA2252, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 27, 2001, Decided
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Overview: Doctor's fee for review of a medical deposition transcript was properly reduced under the workers' compensation statute because the review was an expense rendered in connection with injuries under the statute.

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Johnson Realty v. Bender, Court of Appeals No. 00CA0869, COURT OF APPEALS OF COLORADO, DIVISION FIVE, September 27, 2001, Decided
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Overview: Disputed issues of fact remained as to whether the real estate broker's failure to give timely notice and request a defense barred his indemnification action for recovery of claimed defense costs in a prior suit.

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Liberty Mut. Ins. Co. v. Horace Mann Ins. Co., Court of Appeals No. 00CA2132, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 27, 2001, Decided
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Overview: Where the appellant presented no sufficient cause to postpone arbitration or show its rights were substantially prejudiced by proceeding, the trial court did not err in denying appellant's motion to vacate the award.

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