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BRINKER v. CITY OF STERLING

No. 16254.

217 P.2d 613 (1950)

121 Colo. 430

Waller C. BRINKER, Substituted Plaintiff in the place and stead of the J. K. Mullen Investment Company, a Colorado Corporation, Plaintiff in Error, v. CITY OF STERLING, a Municipal Corporation, et al., Defendants in Error.

Supreme Court of Colorado, en Banc.

February 6, 1950.

Attorney(s) appearing for the Case

Bancroft, Blood & Laws, Walter W. Blood, Myles P. Tallmadge, Denver, for plaintiffs in error.

Thomas Keely, Denver, Maurice W. Konkel, Sterling, of counsel, for defendants in error other than defendant in error Fred E. Utlaut.

PER CURIAM.

Judgment affirmed.

HAYS, J., not participating.

STONE, ALTER and MOORE, JJ., are in favor of affirmance; whereas HILIARD, C. J., JACKSON and HOLLAND, JJ., are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law as provided by Rule 118(f...

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