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BERGER v. DEPARTMENT OF HIGHWAYS

No. 19282.

353 P.2d 612 (1960)

Julius BERGER and Lizzie Berger, Plaintiffs in Error, v. DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

May 31, 1960.

Attorney(s) appearing for the Case

Philip Rossman, Melvin Rossman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Holoway, Asst. Atty. Gen., for defendant in error.

MOORE, Justice.

Plaintiffs in error as plaintiffs brought this action in the district court of the City and County of Denver in which they named the Department of Highways of the State of Colorado as defendant. We will so refer to them.

It was alleged in the complaint that the Department of Highways is obligated by law, "to take care of, patrol, repair, maintain, supervise, control and otherwise handle the care and maintenance of the highways, byways, roads...

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