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BAUMGARDNER v. MANERBINO

No. 71-378.

498 P.2d 1168 (1972)

Donald M. BAUMGARDNER, Plaintiff-Appellee, v. George A. MANERBINO, Presiding Judge of County Court in and for the City and County of Denver, State of Colorado, and William Conley, a Judge therein, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

June 13, 1972.

Attorney(s) appearing for the Case

Fred R. Rehmer, Aurora, for plaintiff-appellee.

Jarvis W. Seccombe, Dist. Atty., Coleman M. Connolly, Kathie L. Blackman, Deputy Dist. Attys., Denver, for defendants-appellants.

Not Selected for Official Publication.

ENOCH, Judge.

Plaintiff-appellee initiated this action in the district court under C.R.C.P. 106(a) (4). Defendants-appellants allege, inter alia, that the district court erred in denying defendants' motion to dismiss for the reason that plaintiff had an adequate and speedy remedy in the county court which plaintiff did not pursue prior to instituting this action in the district court. We agree with this contention...

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