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TITAN CONSTRUCTION COMPANY v. NOLF

No. C-263.

515 P.2d 1123 (1973)

TITAN CONSTRUCTION COMPANY, a Colorado corporation, Petitioner, v. James G. NOLF et al., Respondents.

Supreme Court of Colorado, En Banc.

November 12, 1973.

Attorney(s) appearing for the Case

Zarlengo, Mott & Carlin, John C. Mott, Denver, for petitioner Titan Const. Co.

Montgomery, Little, Young & Ogilvie, P. C., Robert R. Montgomery, Denver, for respondent Phoenix Assurance Co. of New York.

GROVES, Justice.

This case is before us on certiorari to the Court of Appeals opinion in 31 Colo. App. 21, 500 P.2d 377. We reverse. The material facts being without dispute, we can make disposition as a matter of law. In doing so we follow a path not followed by the trial court and come to an opposite conclusion as to two of the rulings of the Court of Appeals.

The respondent Nolf was a driver for a ready-mix concrete firm...

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