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HOLLY SUGAR CORP. v. UNION SUPPLY CO.

No. C-1175.

572 P.2d 148 (1977)

HOLLY SUGAR CORPORATION, a New York Corporation, Petitioner, v. The UNION SUPPLY COMPANY, a Colorado Corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 27, 1977.

Attorney(s) appearing for the Case

Zarlengo, Mott & Zarlengo, John C. Mott, Denver, for petitioner.

Yegge, Hall & Evans, John R. Trigg, Jeffery B. Stalder, Denver, for respondent.

PRINGLE, Chief Justice.

This is an action seeking a dismissal on the merits of a third-party complaint brought by the Union Supply Company (Union) as third-party plaintiff, against the Holly Sugar Corporation (Holly) as third-party defendant. The district court dismissed the third-party complaint without prejudice on purely procedural grounds. The court of appeals, however, ruled that the trial court had erred in dismissing Union's third-party action against Holly...

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