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FERGUSON v. GARDNER

No. C-683.

554 P.2d 293 (1976)

Charles Edward FERGUSON, Petitioner, v. Ruland E. GARDNER et al., Respondents.

Supreme Court of Colorado, En Banc.

September 13, 1976.

Attorney(s) appearing for the Case

Branney & Griffith, Ronald K. Griffith, Criswell, Patterson & Ballantine, John A. Criswell, John N. McNamara, Jr., Englewood, for petitioner.

Burnett, Horan & Hilgers, Myron H. Burnett, Denver, Grant & McCarren, William J. McCarren, Longmont, for respondents Ruland E. Gardner and Contract T.V. Repair, Inc.

Zarlengo, Mott & Zarlengo, Albert E. Zarlengo, Jr., Donald E. Cordova, Denver, for respondent Mary Zupancic.

KELLEY, Justice.

We granted certiorari to review the court of appeals decision in Ferguson v. Gardner, 35 Colo.App. 266, 533 P.2d 938 (1975), which affirmed the trial court's order directing a verdict for defendant and dismissing plaintiff's claim for damages. We reverse.

The parties will be referred to as they appeared in the trial court. In order to consider the issues raised on appeal, the evidence must be examined...

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