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DeLUCHE v. PENNEY COMPANY, INC.,

No. 72-123.

509 P.2d 1292 (1973)

Clifford C. DeLUCHE, Plaintiff-Appellant, v. J. C. PENNEY COMPANY, INC., a Delaware corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 10, 1973.

Attorney(s) appearing for the Case

Maynes & Anesi, Frank J. Anesi, Durango, for plaintiff-appellant.

White & Caton, Fred E. White, Farmington, N. M., Gordon E. Bugg, Durango, for defendant-appellee.

Not Selected for Official Publication.

PIERCE, Judge.

Plaintiff filed a complaint alleging that defendant was guilty of negligence proximately causing injuries to plaintiff. Defendant filed a general denial. Thereafter, defendant filed a motion for summary judgment, supported by an affidavit from an eyewitness, plaintiff's deposition, and several photographs of the scene of the accident. Plaintiff filed no counter-affidavits, depositions, or exhibits to refute...

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