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FEDERAL INSURANCE COMPANY v. PUBLIC SERVICE CO.

No. C-1093.

570 P.2d 239 (1977)

FEDERAL INSURANCE COMPANY, Sentinel Publishing Company, Inc., the St. Paul Fire and Marine Insurance Company, Transamerica Insurance Company, Kelley Brothers Rewind Company, d/b/a H & M Electric Motor Service, Marvin L. Miller, Wanda O. Miller, Mesa Feed & Farm Supply Co., Grain Dealers Mutual Insurance Company, Colorado Farm Bureau Mutual Insurance Co., and Insurance Company of North America, Plaintiffs-Appellants, v. The PUBLIC SERVICE COMPANY of Colorado, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 31, 1977.

Attorney(s) appearing for the Case

Traylor, Palo, Cowan & Arnold, Charles J. Traylor, Davis L. McKinley, Grand Junction, for plaintiffs-appellants, Sentinel Pub. Co., Inc., The St. Paul Fire & Marine Ins. Co., Transamerica Ins. Co., Kelley Brothers Rewind Co., d/b/a H & M Elec. Motor Service, Marvin L. Miller and Wanda O. Miller, and co-counsel for Federal Ins. Co.

Cummins, White & Breidenbach, James O. White, James R. Robie, Los Angeles, Cal., for plaintiff-appellant Federal Ins. Co.

Graham & Dufford, Hugh D. Wise, Grand Junction, for plaintiffs-appellants, Mesa Feed & Farm Supply Co., Grain Dealers Mut. Ins. Co., Colo. Farm Bureau Mut. Ins. Co., and Ins. Co. of North America.

Kelly, Stansfield & O'Donnell, Richard W. Bryans, Denver, Younge, Hockensmith, Griffin, Robb & Rider, James M. Robb, James S. Casebolt, Grand Junction, for defendant-appellee, The Public Service Co. of Colo.

ERICKSON, Justice.

We granted certiorari prior to judgment in the court of appeals to review the judgment entered against appellants in favor of appellee, Public Service Company of Colorado (Public Service). C.A.R. 50. We reverse. The only issue addressed in this opinion is whether the trial court erred in refusing to give certain jury instructions tendered by appellants concerning the standard of care by which Public Service's conduct was to be judged.

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