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RUTH v. COUNTY CT. IN AND FOR EL PASO COUNTY

No. 76-172.

563 P.2d 956 (1976)

Joseph R. RUTH, Plaintiff-Appellant, v. The COUNTY COURT IN AND FOR the COUNTY OF EL PASO, and Judge James Quine, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 6, 1977.

Certiorari Granted May 9, 1977.

Attorney(s) appearing for the Case

MacLaughlin, Ciccolella & Barton, John B. Ciccolella, Colorado Springs, for plaintiff-appellant.

Robert L. Russell, Dist. Atty., James M. Franklin, Deputy Dist. Atty., Colorado Springs, for defendants-appellees.

COYTE, Judge.

Plaintiff appeals a district court order dismissing his complaint wherein he requested relief in the nature of a writ of prohibition. We reverse.

Plaintiff was charged in El Paso County Court on two different occasions with offenses arising under the Motor Vehicle Law. The first action, consisting of two counts, was filed on January 20, 1975. The charges alleged that plaintiff had improperly backed his vehicle and struck another vehicle, and...

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