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CARLILE v. PETER KIEWIT SONS' CO.

No. 22603.

453 P.2d 606 (1969)

Thomas J. CARLILE, Plaintiff in Error, v. PETER KIEWIT SONS' COMPANY, Defendant in Error.

Supreme Court of Colorado. En Banc.

May 5, 1969.

Attorney(s) appearing for the Case

Error to District Court, Arapahoe County; Robert B. Lee, Judge.

Richard N. Graham, Englewood, for plaintiff in error.

Roy S. Scott, Jr., Tilley & Graves, Harmon S. Graves, III, Denver, for defendant in error.

PER CURIAM.

DAY, PRINGLE and KELLEY, JJ., would affirm.

McWILLIAMS, C. J., and HODGES and GROVES, JJ., would reverse and remand for further proceedings.

LEE, J., having been the trial judge, does not participate.

The court being evenly divided, the judgment is affirmed by operation...

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