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SCHAFER v. NATIONAL TEA CO.

No. 71-463.

511 P.2d 949 (1973)

Jerry L. SCHAFER and Jerome Schafer, Plaintiffs, v. The NATIONAL TEA CO., a foreign corporation d/b/a Millers Super Markets, Defendant and Third-Party Plaintiff-Appellee, v. Paul MARTINEZ, Third-Party Defendant-Appellant.

Colorado Court of Appeals, Div. II.

July 3, 1973.

Attorney(s) appearing for the Case

Wood, Ris & Hames, Thomas T. Crumpacker, Denver, for defendant and thirdparty plaintiff-appellee.

Yegge, Hall & Evans, Eugene O. Daniels, Denver, for third-party defendant-appellant.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Plaintiffs, Jerome and Jerry Schafer, sued National Tea Co. to recover for injuries sustained by Jerry Schafer when her car was struck by a National Tea Co. truck driven by its employee, Hilmer Stuber. National Tea joined Paul Martinez as third-party defendant, alleging that its employee's negligence, if any, was passive or secondary while Martinez' negligence in the operation of his vehicle was...

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