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DOMINIC LEONE CONSTRUCTION CO. v. DISTRICT COURT

No. 20118.

370 P.2d 759 (1962)

DOMINIC LEONE CONSTRUCTION COMPANY, a Colorado Corporation, Petitioner, v. The DISTRICT COURT OF LAS ANIMAS COUNTY IN the THIRD JUDICIAL DISTRICT, and The Honorable John N. Mabry, Judge Thereof, Respondents.

Supreme Court of Colorado. En Banc.

April 16, 1962.

Attorney(s) appearing for the Case

Phelps, Fonda & Hays, Pueblo, for petitioner.

Respondents pro se.

SUTTON, Justice.

The petitioner herein will be referred to as Leone and the respondents as the court.

Leone was defendant in the trial court in Civil Action No. 19712 brought by Leo and Margaret O. Lucero for alleged negligence which it is asserted resulted in the death of their daughter. Service of process was had on or about August 11, 1961, with Leone entering its appearance on August 23rd by way of a motion to strike followed by an interrogatory on September...

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