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TESONE v. SCHOOL DIST. NO. RE-2, IN COUNTY OF BOULDER

No. 20293.

384 P.2d 82 (1963)

Gerald P. TESONE, by and through his father and next friend, Fiori A. Tesone, and Fiori A. Tesone, Plaintiffs In Error, v. SCHOOL DISTRICT NO. RE-2, IN the COUNTY OF BOULDER and State of Colorado, a body corporate, commonly known as Boulder Valley School District, Defendant In Error.

Supreme Court of Colorado. En Banc.

July 29, 1963.

Attorney(s) appearing for the Case

Williams & Zook, Roger E. Stevens, John G. Taussig, Jr., Boulder, for plaintiffs in error.

Hutchinson & Hutchinson, Boulder, for defendant in error.

DAY, Justice.

This action by a minor, Gerald P. Tesone, through his father and next friend and by the father individually, against School District No. Re-2 in the County of Boulder, seeks to recover damages in tort for injuries alleged to have been sustained by Gerald while practicing basketball in the Louisville High School in Louisville, Colorado.

The trial court dismissed the complaint, ruling that defendant School District as a subdivision of the State...

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