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BERRY v. ASPHALT PAVING CO.

No. 19062.

360 P.2d 980 (1961)

Max K. BERRY, Plaintiff in Error, v. ASPHALT PAVING CO., a Colorado corporation, and John H. Keller, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied April 24, 1961.

Attorney(s) appearing for the Case

W. H. Erickson, Denver, for plaintiff in error.

F. Richard Hite, Denver, for defendants in error.

McWILLIAMS, Justice.

The parties appear here in the same order as in the trial court and will be referred to by name or as they appeared in the trial court.

Berry and Keller, desiring to go into the asphalt paving business, decided to form a corporation to carry on such a business and on June 13, 1955 they, together with one Connors, executed articles of incorporation for the Asphalt Paving Co., and on June 14, 1955 filed said articles with the Secretary of...

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