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MARZEC v. FREMONT COUNTY, COLORADO SCHOOL DIST. NO. 2

No. 18046.

315 P.2d 987 (1957)

Eugene MARZEC, Plaintiff in Error, v. FREMONT COUNTY, COLORADO SCHOOL DISTRICT NO. 2, and Dr. N. B. McGrath, Eddie Westwater, John Camerlo, and Robert Crusen, as the Board of Education and, or Employing Board of School District No. 2, Fremont County, Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 30, 1957.

Attorney(s) appearing for the Case

Jenkins, Stewart & Tursi, Jack Jenkins, Pueblo, for plaintiff in error.

Jack Merwin, Florence, for defendant in error.

HALL, Justice.

The record before us contains (1) a complaint, (2) motion to dismiss for the reason that the complaint does not state a claim, (3) motion to dismiss for the reason that the matters involved in this case had been finally adjudicated in case No. 7417 in the same court and between the same parties, this motion being supported by the record in case No. 7417 consisting of complaint, motion to dismiss for failure to state a claim and order sustaining motion...

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