KOON v. BARMETTLER

No. 17745.

301 P.2d 713 (1956)

Evelyn K. KOON, Plaintiff in Error, v. Emma BARMETTLER, as Administratrix of the Estate of Frank Barmettler, Defendant in Error.

Supreme Court of Colorado. En Banc.

September 24, 1956.


Attorney(s) appearing for the Case

Harry A. King, Robert E. Holland, Denver, for plaintiff in error.

Graham Susman, Hyman D. Landy, Denver, for defendant in error.


KNAUSS, Justice.

On June 4, 1956 the judgment of the district court in the instant case was affirmed by operation of law, Chief Justice ALTER and Justice KNAUSS being in favor of affirmance and Justices MOORE and SUTTON being for reversal, with Justices HOLLAND and BRADFIELD not participating. At that time there was a vacancy on the court. Later Mr. Justice SPARKS was appointed to fill the vacancy caused by the untimely death of Mr. Justice CLARK. In due course a...

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