SUTTON, Justice.
The case before us requires a determination of the question as to whether an agreement, such as is hereinafter set forth, constitutes a "release" or whether it is a "covenant not to sue." The issue is important because therein lies the answer as to whether the City of Aurora can be sued in this action.
There is no dispute as to the facts of the case. They were incorporated in an agreed statement pursuant to Rule 112(e), R.C.P.Colo.
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