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HULL v. RUND

No. 20003.

374 P.2d 351 (1962)

Harold L. HULL and Jennie E. Hull, Plaintiffs in Error, v. Paul B. RUND, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied September 17, 1962.

Attorney(s) appearing for the Case

Elias J. Candell, Lakewood, for plaintiffs in error.

Hackethal & McNeill, Lakewood, Wormwood, O'Dell & Wolvington, Charles M. Dosh, Denver, for defendant in error.

DAY, Chief Justice.

The parties are here in the same order they appeared in the trial court and will be so referred to. Plaintiffs brought suit against the defendant, sole proprietor of a tavern, for damages for injuries sustained in an altercation in his establishment.

Plaintiffs contended they were patrons in the tavern owned by the defendant and were the victims of an unprovoked attack at the hands of two other patrons of the

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