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HENDRIE v. BOARD OF COUNTY COMMISSIONERS

No. 20055.

387 P.2d 266 (1963)

John G. HENDRIE, Aetna Casualty and Surety Company, and John G. Hendrie Company, Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF RIO BLANCO COUNTY, Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied December 23, 1963.

Attorney(s) appearing for the Case

Fugate, Mitchem, McGinley & Hoffman, Hindry, Erickson & Meyer, Denver, for plaintiffs in error.

Robert Delaney, Kenneth Balcomb, Glenwood Springs, for defendant in error.

SUTTON, Justice.

This is primarily a case relating to the proximate causation of damage to a swimming pool constructed under contract by the John G. Hendrie Company for defendant in error in Rangely, Colorado. We shall refer to the parties by name or as they appeared in the trial court.

The Commissioners sued both the Hendrie Company and John G. Hendrie individually. Hendrie held the franchise for Paddock Swimming Pools and was joined because he had assertedly...

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