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ALSPAUGH v. DISTRICT COURT IN & FOR CTY. OF BOULDER

No. 26960.

545 P.2d 1362 (1976)

Mark H. ALSPAUGH and Juanita S. Alspaugh, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF BOULDER et al., Respondents.

Supreme Court of Colorado, En Banc.

February 23, 1976.

Attorney(s) appearing for the Case

John H. Love, Boulder, for petitioners.

Thomas & Esperti, P.C., Eldon E. Silverman, Denver, for respondents, Except Capitol Federal Sav. and the Public Trustee.

GROVES, Justice.

This is an original proceeding in which we issued a rule to show cause why the district court had not exceeded its jurisdiction in refusing to compel arbitration according to an arbitration provision in a construction contract. We discharge the rule.

On March 12, 1974, Paul Mullins Construction Co., (hereinafter "Contractor") and Mark H. and Juanita S. Alspaugh, (hereinafter "Homeowners"), entered into a contract for the construction of a...

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