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CITY OF WESTMINSTER v. PHILLIPS-CARTER-OSBORN, INC.

No. 21848.

435 P.2d 240 (1967)

CITY OF WESTMINSTER, a Colorado municipal corporation, Plaintiff in Error, v. PHILLIPS-CARTER-OSBORN, INC., a Colorado corporation, and A. J. Curtis & Co., a Wyoming corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

December 18, 1967.

Attorney(s) appearing for the Case

Donald D. Cawelti, Denver, for plaintiff in error.

Gorsuch, Kirgis, Campbell, Walker & Grover, Richard B. Harvey, Denver, for defendant in error Phillips-Carter-Osborn, Inc.

PRINGLE, Justice.

This writ of error is directed to a judgment of the District Court of Adams County which vacated a prior order of that court allowing joinder under R.C.P.Colo. 13(h) of Phillips-Carter-Osborn, Inc. as a party defendant, in an action brought by A. J. Curtis & Co. against the City of Westminster. The parties will be referred to as Phillips-Carter, Curtis and Westminster.

Curtis filed suit against Westminster on February 5, 1965, for a total...

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