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FIRST INTERSTATE BANK v. PIPER AIRCRAFT

No. 85SA239.

744 P.2d 1197 (1987)

In re Interrogatory of the United States District Court: FIRST INTERSTATE BANK OF FORT COLLINS, N.A., as conservator of the Estate of John David Cobb, a/k/a John D. Cobb, a protected person; Linnea S. Cobb, now by marriage Linnea S. Hess, individually and as guardian of John David Cobb, an incapacitated person; and John David Cobb, individually, Plaintiffs, v. PIPER AIRCRAFT CORPORATION and Bangor-Punta Corporation, Defendants.

Supreme Court of Colorado, En Banc.

November 2, 1987.

Attorney(s) appearing for the Case

Harden, Schmidt & Hass, P.C., Ralph B. Harden, Fort Collins, for plaintiffs.

Weller, Friedrich, Hickisch, Hazlitt & Ward, W. Robert Ward, Mary Wells, Edward Godin, Denver, for defendants.

KIRSHBAUM, Justice.

Pursuant to C.A.R. 21.1, the United States District Court for the District of Colorado has certified the following question of Colorado law which may be determinative of a claim in a case presently pending in that court:

Is the limitations period set forth in Colorado's wrongful death statute subject to tolling for fraudulent concealment of the facts underlying the wrongful act?

We answer this question in the affirmative.

...

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