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CLEMENS v. DISTRICT COURT

No. 20618.

390 P.2d 83 (1964)

Merlin G. CLEMENS and Barbara Bowers, Petitioners, v. The DISTRICT COURT OF the CITY AND COUNTY OF DENVER, Honorable Don D. Bowman, Judge of said Court, Samuel G. Whatley and Rose Marie Whatley, Respondents.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 23, 1964.

Attorney(s) appearing for the Case

Wood, Ris & Hames, Thomas T. Crumpacker, Denver, for petitioners.

Joseph N. Lilly, Denver, for respondent Don D. Bowman.

Morris Rifkin, Robert J. Ring, Denver, for respondents Samuel G. Whatley and Rose Marie Whatley.

Norman E. Berman, Denver, on behalf of himself and the Association of Colorado Claimants' Attorneys, amicus curiæ.

HALL, Justice.

On August 7, 1962, Samuel G. Whatley and Rose Marie Whatley commenced an action in the District Court of the City and County of Denver wherein they sought to recover damages for injuries allegedly suffered in an automobile collision in Denver on September 29, 1961. They named as defendants Barbara Bowers, owner, and Merlin G. Clemens, driver of the vehicle which collided with the Whatley vehicle.

Service of process upon the defendants was undertaken...

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