MURRAY v. DISTRICT COURT IN AND FOR THE COUNTY OF LARIMER

No. 26788.

539 P.2d 1254 (1975)

Ned F. MURRAY et al., Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF LARIMER, State of Colorado, et al., Respondents.

Supreme Court of Colorado, En Banc.

August 5, 1975.


Attorney(s) appearing for the Case

Joseph P. Jenkins, Estes Park, for petitioners.

Harden & Napheys, Charles S. Bloom, Fort Collins, for respondents.


ERICKSON, Justice.

This original proceeding seeks relief in the nature of prohibition pursuant to C.A. R. 21. We issued a rule to show cause and now discharge the rule.

The primary issue is whether the petitioners are entitled to a jury trial. This proceeding seeks to prohibit the trial judge from proceeding to trial without a jury. In our view, the petitioners were not entitled to a jury trial on the factual issues which are now presented in this case. C...

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