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140 Colo. 580

Kean v. Brown

Supreme Court of Colorado

Decided November 9, 1959

Supreme Court of Colorado · decided 1959-11-09

Decided 1959-11-09

¶1*581Opinion by

Mr. Justice Doyle.

¶2Plaintiffs in error seek review of judgment of the trial court dismissing its complaint seeking injunction against the Sheriff and others. This action arose out of the problems presented in Kean v. Brown, et al., No. 18,384, decided this day.

¶3Essentially the contention of the plaintiffs in error is that fraud was perpetrated on the trial court in connection with the obtaining of the- default judgment described in case No. 18,384 and that by reason thereof they are entitled to equitable relief against the enforcement of the judgment. In case No. 18,384, we determined the issue of fraud adversely to plaintiffs in error and accordingly there is no basis for injunctive relief.

¶4The judgment is therefore affirmed.

¶5Mr. Justice Moore and Mr. Justice Frantz concurring.

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