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BALL v. WELLER

No. 76-040.

563 P.2d 371 (1977)

Gary M. BALL et al., Plaintiffs-Appellants, v. Donald J. WELLER, Defendant-Appellee.

Colorado Court of Appeals, Division III.

Rehearing Denied March 10, 1977.

Certiorari Denied May 9, 1977.

Attorney(s) appearing for the Case

Leslie G. Berkowitz, Denver, for plaintiffs-appellants.

George W. Boland, Boulder, for defendant-appellee.

Before BERMAN, VanCISE and STERNBERG, JJ.

BERMAN, Judge.

Plaintiffs obtained a judgment on their claims against their former landlord for the willful refusal to return their security deposits in violation of § 38-12-103(3)(a), C.R.S.1973. They bring this appeal on the sole ground that it was error to deny them an award of reasonable attorney fees as provided in § 38-12-103(3)(a), C.R.S.1973. We agree and reverse.

At trial, plaintiffs' attorney did...

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