RADINSKY v. KRIPKE

No. 19378.

354 P.2d 500 (1960)

Albert Ellis RADINSKY, Plaintiff In Error, v. Kenneth N. KRIPKE and Robert E. McLean, Defendants in Error.

Supreme Court of Colorado. En Banc.

July 18, 1960.


Attorney(s) appearing for the Case

Alex Stephen Keller, Denver, for plaintiff in error.

Ryan, Sayre, Martin & Hansen, Boulder, for defendant in error, Kenneth N. Kripke.


SUTTON, Chief Justice.

The sole question here presented is whether the action of the trial court in dismissing the case with prejudice for failure to prosecute constitutes an abuse of judicial discretion. Under the record before us we hold that it does.

Radinsky, Kripke and McLean were general partners engaged in the practice of law in Denver, Colorado. In the summer of 1954 Radinsky left the partnership because of alleged ill health and moved to California...

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