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SMITH v. BRIDGES

Nos. 75-569 and 75-570.

574 P.2d 511 (1977)

Paul K. SMITH and Lahoma Smith, Plaintiffs-Appellants, v. Hollis R. BRIDGES and Marshall Bridges, Defendants-Appellees. In re the Matter of the ESTATE of Hollis R. BRIDGES, Deceased.

Colorado Court of Appeals, Division II.

As Modified on Denial of Rehearing December 8, 1977.

Attorney(s) appearing for the Case

William Pehr, Perry W. Fox, Westminster, for plaintiffs-appellants.

Yegge, Hall & Evans, Eugene O. Daniels, Denver, for defendants-appellees.

STERNBERG, Judge.

Paul and Lahoma Smith sued Hollis and Marshall Bridges for damages arising out of an automobile collision. Hollis Bridges died prior to trial and his attorney filed a "suggestion of death." On the 90th day after the filing of the suggestion of death, the Smiths moved, pursuant to C.R.C.P. 25, to substitute their attorney's secretary as personal representative in both the estate proceedings and in the pending tort action. The same judge presided in...

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