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WEAVER CONST. CO. v. DISTRICT CT. IN & FOR EL PASO CTY.

No. 27016.

545 P.2d 1042 (1976)

WEAVER CONSTRUCTION CO., a Colorado Corporation, Petitioner, v. The DISTRICT COURT IN AND FOR EL PASO COUNTY, 4TH JUDICIAL DISTRICT, the Honorable George M. Gibson, one of the judges thereof, Respondent.

Supreme Court of Colorado, En Banc.

February 2, 1976.

Attorney(s) appearing for the Case

Ronald M. Andersen, Denver, for petitioner.

Cole, Hecox, Tolley, Edwards & Hero, P. C., Henry B. Eastland, Colorado Springs, for respondent.

KELLEY, Justice.

Petitioner instituted this original proceeding under C.A.R. 21 seeking to prevent the district court from setting aside a default judgment and from destroying the priority of its judgment lien. A rule to show cause was issued, and we now make the rule absolute in part and discharge the rule in part.

The default judgment entered on May 1, 1975, was in petitioner's favor, as plaintiff, against defendants Robert Grinnell, Joy Grinnell, and Claire...

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