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McNELLEY v. SMITH

No. 19738.

368 P.2d 555 (1962)

L. C. McNELLEY, D-A Lubricant, Inc., Plaintiffs in Error, v. Ted D. SMITH, William E. Lucas, d/b/a Smith and Lucas, contractors, a partnership, Power Equipment Company, a corporation, and Fred Schaefer, Defendants in Error.

Supreme Court of Colorado. In Department.

February 5, 1962.

Attorney(s) appearing for the Case

Raymond Duitch, Colorado Springs, for plaintiff in error.

January, Gilchrist & Blunk, Denver, for defendants in error, Smith and Lucas.

Littell & Algeo, Denver, for defendant in error, Power Equipment Co.

Rector & Kane, Colorado Springs, for defendant in error, Fred Schaefer.

PRINGLE, Justice.

In the trial court the defendant in error Smith and Lucas and the defendant in error Power Equipment Company were plaintiffs in an action against L. C. McNelley and D-A Lubricant, Inc. and Fred Schaefer as defendants, for damages to vehicles owned by Smith and Lucas and the Power Equipment Company. McNelley also cross-claimed against Schaefer. The parties will be referred to as they appeared in the trial court or by name.

The case was tried...

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