HAMM v. TWIN LAKES RESERVOIR AND CANAL COMPANY

No. 20020.

373 P.2d 525 (1962)

John P. HAMM, Emil J. Bruderlin, Pauline C. Bruderlin, Anne A. Preston and Allison P. Goodheart, Plaintiffs in Error, v. The TWIN LAKES RESERVOIR AND CANAL COMPANY; The Colorado National Bank of Denver, Colorado; The Connecticut Mutual Life Insurance Company; George H. Doak, Albert C. Pantle, Pete Peters, Clyde Boston, Kenneth Singleton, Truman J. McClure, Charles P. Schiro, Wayne Bennett, Orville Tomky, Herbert Schroeder and Harry Clinger, severally and in common, Individually and for and on behalf of themselves in common and all others similarly situated members of the class of landholders, water users and stockholders of the Twin Lakes Reservoir and Canal Company so numerous as to make it impractical to bring them all before the Court, Defendants in Error.

Supreme Court of Colorado. En Banc.

July 23, 1962.


Attorney(s) appearing for the Case

Edwin A. Williams, Denver, for plaintiffs in error.

Yegge, Hall & Shulenburg, Denver, Thulemeyer & Stewart, La Junta, for defendants in error.


SUTTON, Justice.

Plaintiffs in error seek to dismiss their writ of error without prejudice and with directions to the trial court for further proceedings subject to its discretionary powers under R.C.P. Rule 54(b), 16 A.R. S.

The reason for the request, which defendants in error object to, is because this court heretofore on April 12, 1962, did dismiss a companion action (No. 20005) because no final judgment had been decreed therein.

Rule 54(b) allows...

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