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MATLACK v. HILDRETH

No. 70-310. (Supreme Court No. 23246.)

476 P.2d 570 (1970)

James F. MATLACK and Rita M. Matlack, Plaintiffs in Error, v. Donald Rex HILDRETH, Defendant in Error.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 14, 1970.

Certiorari Denied November 30, 1970.

Attorney(s) appearing for the Case

Roger E. Stevens, Don P. Stimmel, Boulder, for plaintiffs in error.

Yegge, Hall, Treece & Evans, Don R. Evans, Denver, for defendant in error.

Not Selected for Official Publication.

COYTE, Judge.

This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.

On June 9, 1965, at approximately 5:40 P. M. during a heavy rainstorm, plaintiff in error, plaintiff below, was proceeding west on Ninth Avenue in Longmont, Colorado, when his vehicle was struck by one driven by defendant in...

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