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TIMPTE v. DISTRICT COURT IN AND FOR CITY AND COUNTY OF DENVER

No. 22434.

421 P.2d 728 (1966)

William TIMPTE, Petitioner, v. The DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, State of Colorado, Honorable Gerald E. McAuliffe, Judge of said Court, and Sue Ellen Jacobs, Respondents. John Preston CORDER, Petitioner, v. The DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, State of Colorado, Honorable Gerald E. McAuliffe, Judge of said Court, and Donna Hinz, a minor, by her mother and next friend, Eileen M. Hinz, Respondents.

Supreme Court of Colorado, En Banc.

December 27, 1966.

Attorney(s) appearing for the Case

Duane O. Littell and Ronald C. Hill, Denver, for petitioners.

Frickey & Morrissey, Denver, for respondents.

PRINGLE, Justice.

In two separate complaints the plaintiffs each claimed damages for personal injuries arising out of separate automobile accidents. The defendants each filed motions in their respective cases under R.C.P.Colo. 35 requesting physical examinations of the plaintiffs, since the physical condition of the plaintiffs was in issue. In each case, the trial judge stated that he would not require the plaintiffs to submit to physical examinations by doctors selected...

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