KAPPERS v. THOMAS

No. 72-336.

511 P.2d 910 (1973)

Mary L. KAPPERS and Jimmie L. Kappers, Plaintiffs-Appellants, v. Donn D. THOMAS and Douglas A. McKinnon, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 1, 1973.

Certiorari Denied July 30, 1973.


Attorney(s) appearing for the Case

Orville A. Kenelly, Colorado Springs, for plaintiffs-appellants.

Robert W. Hansen, Denver, Joseph J. Branney, Englewood, for defendants-appellees.


Selected for Official Publication.

PIERCE, Judge.

On November 28, 1969, plaintiff filed with the Arapahoe County District Court a complaint in tort. Within the time provided by the Colorado Rules of Civil Procedure, defendant entered a general denial. During the following twelve months no further proceedings appear of record.

On December 10, 1970, the clerk of the district court sent a notice of dismissal to plaintiff's attorney, advising him that...

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