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HIGGINS v. CONNECTICUT FIRE INSURANCE COMPANY

No. 21808.

430 P.2d 479 (1967)

Leo J. HIGGINS and Joyce Lee Higgins, Plaintiffs in Error, v. The CONNECTICUT FIRE INSURANCE COMPANY, a Corporation, Defendant in Error.

Supreme Court of Colorado, In Department.

July 24, 1967.

Attorney(s) appearing for the Case

Emory L. O'Connell, Denver, Helman, Younge, Hockensmith & Stacey, Grand Junction, for plaintiffs in error.

Smith, Holmes, Williams & Turner, Grand Junction, for defendants in error.

JOHN N. MABRY,* Justice.

The parties occupy the same relative positions they had in the district court, where the plaintiffs unsuccessfully sought damages for the alleged "collapse" of their dwelling. Reference to the litigants will be made as plaintiffs and defendant, or by name. The case was tried to the court.

Plaintiffs, a few weeks after moving into their new home, observed hairline cracks in a lower wall. After a few months...

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