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SHERWOOD v. GRACO, INC.

Civ. A. No. 76-F-119.

427 F.Supp. 155 (1977)

Clinton D. SHERWOOD and Darlene J. Sherwood, Plaintiffs, v. GRACO, INCORPORATED, a Minnesota Corporation, Defendant.

United States District Court, D. Colorado.

January 31, 1977.

Attorney(s) appearing for the Case

Ronald J. Robinson, Walton, Robinson & Shields, Colorado Springs, Colo., for plaintiffs.

Richard L. Everstine, Duane O. Littell, Martin M. Berliner, O'Connor & Hannan, Denver, Colo., for defendant.

FINESILVER, District Judge:

Defendant has moved for partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure, claiming that plaintiffs' prayer for punitive damages in this diversity case is barred by the Colorado statute of limitations. The relevant statute is 1973 C.R.S. § 13-80-104, which provides:

All actions and suits for any penalty or forfeiture of any penal statute, brought by this state or any person to whom the penalty...

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