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RANDLEMAN EXCAVATING COMPANY, INC., v. HODER

No. 73-251.

522 P.2d 1240 (1974)

RANDLEMAN EXCAVATING COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, v. Betty Marie HODER, Executrix of the Estate of Henry A. Hoder, Deceased, and Don Collins, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

May 14, 1974.

Attorney(s) appearing for the Case

Sonheim & Helm, Robert H. Sonheim, Arvada, Haney, Howbert & Akers, Roger D. Hunt, Colorado Springs, for plaintiff-appellant.

Robert Dunlap, Colorado Springs, for defendants-appellees.

Not Selected for Official Publication.

COYTE, Judge.

Plaintiff filed a lien foreclosure suit against defendant Henry A. Hoder and Don Collins on December 23, 1964. Hoder filed an answer and cross-claim against co-defendant Collins on January 12, 1965. Plaintiff took a default judgment against Collins on January 26, 1965. There was no further activity in the file until March 13, 1973, when defendant Hoder's attorney filed a motion to dismiss the cause with...

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