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BRIANO v. RUBIO

No. 18616.

347 P.2d 497 (1959)

Eulalia BRIANO, Petitioner, in behalf of Maria Theresa Rubio, Minor, Plaintiffs in Error, v. Emiliano M. RUBIO, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied December 28, 1959.

Attorney(s) appearing for the Case

Mandell Levy, Denver, for plaintiffs in error.

Charles S. Vigil, Denver, for defendant in error.

SUTTON, Justice.

We are here asked to reverse an order dismissing a petition in contributory dependency, filed under the provisions of C.R.S. `53, 22-7-1 and 22-7-9. The order granting respondent's motion to dismiss, entered after the trial to the court, was based upon the finding of the court that the evidence adduced at the hearing was insufficient to support the allegations in the petition that respondent was the father...

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