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MITCHELL v. AMERICAN FAMILY MUTUAL INSURANCE CO.

No. 24926.

502 P.2d 79 (1972)

Alice C. MITCHELL, Plaintiff-Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Garnishee, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

September 5, 1972.

Attorney(s) appearing for the Case

Hill & Hill, Alden T. Hill, Alden V. Hill, Fort Collins, for plaintiff-appellee.

Warberg & Mast, Sonja E. Warberg, D. Chet Mast, Fort Collins, for defendant-appellant.

ERICKSON, Justice.

Judgment was entered against appellant insurance company, as garnishee, for damages found against its insured, and the insurance company appealed. The case which found liability has been reversed and remanded for new trial. Dolan v. Mitchell, Colo., 501 P.2d 72 [September 5, 1972]. The garnishee's liability is not established. Hence, the garnishment is vacated and the appeal dismissed.

DAY, J., not...

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