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GAYTON v. DEPARTMENT OF HIGHWAYS

No. 19695.

367 P.2d 899 (1962)

Pearl N. GAYTON also known as Pearl Gayton, Plaintiff in Error, v. DEPARTMENT OF HIGHWAYS, State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

January 15, 1962.

Attorney(s) appearing for the Case

Lattimer & Robb, Pueblo, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Holloway, Chief Highway Counsel, Asst. Atty. Gen., James R. Richards, Asst. Atty. Gen., for defendant in error.

McWILLIAMS, Justice.

In response to Gayton's complaint the Department of Highways, State of Colorado, hereinafter referred to as the Highway Department, filed a motion to dismiss, averring "that the complaint fails to state a claim upon which relief can be granted." The motion was granted and a judgment of dismissal was duly entered, Gayton electing to stand on her complaint. By writ of error Gayton now seeks reversal of this judgment of dismissal, contending that...

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