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DENVER ELEC. & NEON SERV. CORP. v. GERALD H. PHIPPS, INC.

No. 18884.

354 P.2d 618 (1960)

DENVER ELECTRIC AND NEON SERVICE CORP., a Colorado Corporation, Plaintiff in Error. v. GERALD H. PHIPPS, INC., a Colorado Corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

August 8, 1960.

Attorney(s) appearing for the Case

James M. Nelsen, David Berger, Denver, for plaintiff in error.

Hughes & Dorsey, Allan R. Phipps, George C. Gibson, Denver, for defendant in error.

DOYLE, Justice.

The Denver Electric and Neon Service Corporation instituted this action in the district court of the City and County of Denver naming as defendants Gerald H. Phipps, Inc., the Boley Electric Company, the Union National Bank and The First National Bank of Denver. The trial court granted motions of The First National Bank to dismiss. Thereafter, in its amended complaint, the defendant First National Bank of Denver was not named. The motion to dismiss...

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