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VIERNES v. DISTRICT COURT IN & FOR FOURTH JUD. DIST.

No. 25670.

509 P.2d 306 (1973)

Myra Ann VIERNES, Petitioner, v. The DISTRICT COURT IN AND FOR the FOURTH JUDICIAL DISTRICT, COUNTY OF EL PASO, State of Colorado, Honorable William M. Calvert, Judge, Respondent.

Supreme Court of Colorado, En Banc.

April 23, 1973.

Attorney(s) appearing for the Case

Cole, Hecox, Tolley, Edwards & Hero, Lawrence A. Hecox, Michael R. Bromley, Colorado Springs, Homer H. Clark, Boulder, for petitioner.

Don Shook, Colorado Springs, for respondent.

ERICKSON, Justice.

Pursuant to C.A.R. 21, an original proceeding was filed to prohibit the district court from proceeding further in an action for dissolution of marriage. The district court held that it had jurisdiction to proceed after the plaintiff-husband established that he was a member of the armed services who was stationed in Colorado for more than ninety days before the suit for dissolution of marriage was filed...

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