PEOPLE EX REL. KINSEY v. SUMNER

No. 73-063.

525 P.2d 512 (1974)

PEOPLE of the State of Colorado ex rel. Dwain A. KINSEY and Dwain A. Kinsey, Individually, and doing business as Kinsey's Montrose Funeral Home, Plaintiffs-Appellants, v. William B. SUMNER, Individually and as Coroner of Montrose County, Colorado, et al., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 11, 1974.


Attorney(s) appearing for the Case

Cashen, Cheney, Johnston & Adamson, Thomas F. Cheney, Richard W. Adamson, II, Montrose, for plaintiffs-appellants.

Brooks, Miller, Lincoln & Brooks, Ralph E. Miller, Theodore L. Brooks, Montrose, for defendants-appellees.


Selected for Official Publication.

RULAND, Judge.

Plaintiff Kinsey appeals from a judgment dismissing his amended complaint. We affirm in part and reverse in part.

We note preliminarily that the only issue for our determination is whether the amended complaint states a claim for relief. We are governed by two basic principles. First, dismissal of a complaint is improper unless it appears: (1) That plaintiff is entitled to no relief under any state...

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