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BENNETT v. KRESSE

No. 23298.

483 P.2d 384 (1971)

Myrtle BENNETT, Plaintiff in Error, v. E. J. KRESSE, Administrator of the Estate of Lucy Kresse, Deceased, Defendant in Error.

Supreme Court of Colorado, In Department.

April 5, 1971.

Attorney(s) appearing for the Case

Theodore J. Soja, Denver, for plaintiff in error.

John T. Dugan, Denver, for defendant in error.

GROVES, Justice.

This writ of error seeks reversal of the trial court's ruling that the plaintiff in error, Mrs. Bennett, was precluded from testifying under the provisions of C.R.S. 1963, 154-1-2, the "dead man's statute." The subject matter of this suit was reviewed by this court in Kresse v. Bennett, 151 Colo. 549, 379 P.2d 807 (1963). In that opinion this court ruled that, unless Mrs. Bennett consented to a reduction of the award...

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