United States Tenth Circuit

In a case where a check was stolen from the mail by an unknown party before it was received by the proper recipient, the court found summary judgment improper, because a jury could reasonably infer fault on behalf of the sender.

Appellate Information

• Decided 06/29/2004
• Published 06/29/2004

Judges

• McCONNELL, Circuit Judge., Before SEYMOUR, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stuart N. Bennett (Eric B. Liebman and Jeffrey A. Aramowicz with him on the briefs), Brega & Winters, P.C., Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• M. Gabriel McFarland, Bieging Shapiro & Burrus LLP, Denver, CO, for Defendant-Appellee.