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OCHOA v. SHERMAN

No. 74-133.

534 P.2d 834 (1975)

Anna Michelle OCHOA, a minor, by and through her mother and next friend, Patricia Whisnant, and Patricia Whisnant, Individually, Plaintiffs-Appellees, v. James SHERMAN and Kathleen Sherman, Defendants, and City of Northglenn, a Municipal Corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 11, 1975.

Certiorari Denied May 19, 1975.

Attorney(s) appearing for the Case

Litvak, Schwartz & Karsh, P. C., Lawrence Litvak, Denver, for plaintiffs-appellees.

Wood, Ris & Hames, P. C., William K. Ris, Eugene S. Hames, Denver, for defendant-appellant.

Not Selected for Official Publication.

RULAND, Judge.

In a personal injury action, defendant City of Northglenn (Northglenn) appeals from a judgment entered on a jury verdict against both Northglenn and defendants James and Kathleen Sherman. Northglenn contends, inter alia, that its motion to dismiss plaintiffs' complaint as to Northglenn pursuant to C.R.C.P. 12(b)(5) should have been granted. We agree and reverse.

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