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RAINSBERGER v. KLEIN

No. 98CA2029.

5 P.3d 351 (1999)

Charles J. RAINSBERGER, Plaintiff-Appellee, v. J. KLEIN d/b/a J. Klein Construction, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Certiorari Denied July 24, 2000.

Attorney(s) appearing for the Case

Matsunaka & Drake, L.L.C., Stanley T. Matsunaka, Jeanne S. Drake, Warren Schaeffer, Loveland, Colorado, for Plaintiff-Appellee.

Gordon F. Esplin, Fort Collins, Colorado, for Defendant-Appellant.

Opinion by Judge KAPELKE.

Defendant, J. Klein, appeals from the trial court's order denying his C.R.C.P. 60(b)(3) motion challenging a default judgment entered against him in favor of plaintiff, Charles J. Rainsberger. We reverse the post-judgment order, vacate the default judgment, and remand for further proceedings.

The record reveals the following facts. This action was commenced in March 1995, when plaintiff filed...

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