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MARSHALL v. CHECKER CAB COMPANY

No. 18012.

348 P.2d 372 (1959)

Gilbert MARSHALL, Jerry Maes, and John Canzone, Plaintiffs in Error, v. CHECKER CAB COMPANY, Yellow Cab Company of Colorado, Inc., Yellow Cab, Inc., Checker Cab, Inc., and Paul Johnson, Defendants In Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 1, 1960.

Attorney(s) appearing for the Case

Hornbein & Hornbein, Roy O. Goldin, Denver, for plaintiffs in error.

Walter W. Simon, Edward J. Scheunemann, Denver, for defendants in error, Yellow Cab Co. of Colorado, Inc., Yellow Cab, Inc., and Checker Cab, Inc.

Mueller & Mueller, Albert A. Norbont, Denver, for defendants in error, Checker Cab Co. and Paul Johnson.

HALL, Justice.

The parties appear here in the same order they appeared in the trial court. We refer to plaintiffs in error as plaintiffs, to Checker Cab Company as Checker; to Yellow Cab Company of Colorado and Yellow Cab, Inc. (though mentioned in the caption of the complaint as a defendant, there is no Yellow Cab Company of Colorado), as Yellow; Checker Cab, Inc., a new corporation organized by Yellow to take title to the assets purchased from Checker, as Purchaser...

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