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NOAKES v. GAISER

No. 18019.

315 P.2d 183 (1957)

Mabel E. NOAKES, Plaintiff in Error, v. Ethel M. GAISER and Palmer Lee Gaiser, Defendants in Error.

Supreme Court of Colorado, En Banc.

August 19, 1957.

Attorney(s) appearing for the Case

Thomas K. Hudson, Denver, for plaintiff in error.

H. Berman, Nathan H. Creamer, Denver, for defendants in error.

The court being equally divided, the judgment of the trial court is affirmed by operation of law.

DAY, J., does not participate.

MOORE, C. J., and HOLLAND and FRANTZ, JJ., are of the opinion that the judgment should be reversed.

KNAUSS, SUTTON and HALL, JJ., are of the opinion that the judgment should be affirmed.

HOLLAND, Justice (dissenting).

I dissent from affirmance of the judgment by operation of law by divided court and in my...

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