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MILLER v. DISTRICT COURT

No. 21094.

388 P.2d 763 (1964)

T. E. MILLER, Sr., also known as T. E. Miller, T. E. Miller, Jr., also known as Talmage E. Miller, Jr., and Lee R. Miller, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF ARAPAHOE and State of Colorado, and G. A. C. Finance Corporation of Colorado, a Colorado Corporation, Securities Credit Corporation, M. A. Day and George Staples, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 10, 1964.

Attorney(s) appearing for the Case

Fred M. Winner, Yegge, Hall & Shulenburg, Denver, for petitioners.

Rothgerber, Appel & Powers, Denver, for respondents.

MOORE, Justice.

This is an original proceeding in mandamus in which the prayer of the petition was:

"That an order be issued directing the Respondent District Court in and for the County of Arapahoe, to show cause why it should not be ordered and directed to vacate and set aside its order entered in Civil Action No. 17694, which order granted plaintiffs Motion to Strike from the Jury Calendar and Restore to the Calendar as a Trial to the Court."

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