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GLADIN v. VON ENGELN

No. C-963.

575 P.2d 418 (1978)

James F. GLADIN and Faye J. Gladin, Petitioners, v. R. D. VON ENGELN, Individually and as General Partner of Interstate Eighth Street Company, a limited partnership, Interstate Eighth Street Company, a limited partnership, and the City of Colorado Springs, a Municipal Corporation, Respondents.

Supreme Court of Colorado, En Banc.

March 6, 1978.

Attorney(s) appearing for the Case

Cleveland & Wengler, Edward D. Cleveland, Colorado Springs, for petitioners.

Bennett & Wills, Matthew B. Wills, Colorado Springs, for respondents R. D. Von Engeln, and Interstate Eighth Street Co.

Gordon D. Hinds, City Atty., Horn, Anderson & Johnson, Gregory L. Johnson, Colorado Springs, for respondent City of Colorado Springs.

GROVES, Justice.

This is an action for damages and for an injunction resulting from subsidence of real property of the plaintiffs, the Gladins. So far as is involved in this review, the defendants were R. D. Von Engeln, Interstate Eighth Street Company and the City of Colorado Springs. Von Engeln was the general partner in the limited partnership, Interstate Eighth Street Company, and under the facts of this case any liability of the individual is also that of the...

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