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BOBRICK v. SANDERSON

No. 23163.

432 P.2d 242 (1967)

Joe BOBRICK, Individually, and Norton Boslow, individually, and both doing business as Jo-AI Shoe Departments, a Colorado partnership, Petitioners, v. Judge Robert SANDERSON, and the District Court In and For the City and County of Denver, Respondents.

Supreme Court of Colorado, En Banc.

October 9, 1967.

Attorney(s) appearing for the Case

Brenman, Ciancio, Rossman & Baum, Martin Zerobnick, Denver, for petitioners.

Litvak & Litvak, Denver, for respondents.

SUTTON, Justice.

Petitioners seek relief in this court from an order of Respondents which denied Petitioners leave to amend their answer to assert a Counterclaim in Case No. B-99664 in the District Court. It is asserted that the trial judge abused his discretion and exceeded his jurisdiction because:

(a) Both sides had informed the court that the Counterclaim would not delay the trial or cause a postponement thereof; (b) That under R.C.P.Colo. 13...

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