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MILLER v. HEPNER

No. 18009.

314 P.2d 604 (1957)

O. L. MILLER, Plaintiff in Error, v. Lillian HEPNER, Executrix of the Estate of A. J. Hepner, deceased, Lillian Hepner and W. & W. Inc., a Colorado corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied September 9, 1957.

Attorney(s) appearing for the Case

Solomon Girsh, Denver, for plaintiff in error.

James D. Doyle, Carl H. Seeliger, Jr., Denver, for defendants in error.

MOORE, Chief Justice.

This action was commenced on May 21, 1954, by plaintiff O. L. Miller against A. J. Hepner, Lillian Hepner and W. & W. Inc. On March 21, 1956, plaintiff filed an amended complaint, and the defendant A. J. Hepner having died in the meantime, his executrix Lillian Hepner was substituted as a party defendant.

The amended complaint contained two counts. In count 1 it was alleged that A. J. Hepner...

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