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DUNCAN v. BOARD OF COUNTY COM'RS OF ROUTT COUNTY

No. 20439.

391 P.2d 368 (1964)

W. O. DUNCAN, Plaintiff in Error, v. The BOARD OF COUNTY COMMISSIONERS OF ROUTT COUNTY, Defendant in Error.

Supreme Court of Colorado. In Department.

April 13, 1964.

Attorney(s) appearing for the Case

Nicholas Magill, Steamboat Springs, for plaintiff in error.

Robert H. Gleason, Steamboat Springs, for defendant in error.

McWILLIAMS, Chief Justice.

The central figures in the present controversy are as follows:

1. Duncan, a welder who operated a machine shop; 2. Bishop, a road supervisor of Routt County; and 3. McDermott and Stetson, each of whom was a commissioner of Routt County.

Evidence adduced upon trial revealed the following:

1. Bishop initially contacted Duncan and advised him that "the county needed a gravel screen and he [Bishop...

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