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STATE, D. N. R., DIV. OF WILDLIFE v. BENJAMIN

No. 77-646.

587 P.2d 1207 (1978)

STATE of Colorado, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE, Plaintiff-Appellant, v. Kenneth H. BENJAMIN, Roger Martwick, and Lavern Hannasch, d/b/a Ben's Sporting Goods, and Charles M. Parsons, Defendants, and Pikes Peak National Bank, a National Banking Association, Plaintiff-Intervenor-Appellee.

Colorado Court of Appeals, Div. II.

November 30, 1978.

Attorney(s) appearing for the Case

Butler, Landrum, Pierce & Turner, Robert G. Pierce, Sp. Asst. Atty. Gen., Lakewood, for plaintiff-appellant.

Walta, Cross, Gaddis & Kin, James W. Kin, Colorado Springs, for plaintiff-intervenor-appellee.

STERNBERG, Judge.

This appeal relates to the disposition of funds claimed by the intervenor bank under its perfected security interest. The State Division of Wildlife seeks to impose a constructive trust on those funds, claiming them to be traceable as embezzled proceeds of game and fishing license sales. The trial court awarded the bank priority and we affirm.

During 1975, one Benjamin failed to remit to the Division $18,975.82 he had collected from the sale...

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