CHETELAT v. DISTRICT COURT IN AND FOR ARAPAHOE COUNTY

No. 28206.

586 P.2d 1335 (1978)

Rory O. CHETELAT and Kathy Chetelat, Petitioners, v. The DISTRICT COURT In and For the COUNTY OF ARAPAHOE, in the EIGHTEENTH JUDICIAL DISTRICT and the Honorable Marvin Foote, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 27, 1978.


Attorney(s) appearing for the Case

Michael R. Webster, Frank W. Heery, Denver, for petitioners.

No appearance for respondents.


PRINGLE, Justice.

This is an original proceeding in which petitioners seek a writ of mandamus requiring the respondent District Court of Arapahoe County to enter an order granting petitioners' Motion for Service of Process upon one of the defendants, David Frye, by substitution of the Secretary of State of Colorado and to assume and exercise jurisdiction over the case. We issued a rule to show cause and now make the rule absolute.

On November 23, 1977, petitioners...

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