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WHATLEY v. CUDDY

No. 19551.

366 P.2d 671 (1961)

William J. WHATLEY, Plaintiff in Error, v. John V. CUDDY, Defendant in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing December 18, 1961.

Attorney(s) appearing for the Case

Clifford W. Mills, Denver, for plaintiff in error.

Groves, Dufford, Nelson & Spiecker, Grand Junction, for defendant in error.

MOORE, Justice.

This is a companion case to Whatley v. Wood et al., Colo., No. 19609, 366 P.2d 570, decided this day. All the facts pertinent to the issues involved here are set forth in the opinion in that case and they will not be repeated here. In the trial court there was but one case and defendant in error John V. Cuddy was one of the defendants along with the defendants in error named in case No. 19609, supra.

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