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JACK KENT CADILLAC v. DISTRICT COURT IN AND FOR CITY AND COUNTY OF DENVER

No. 79SA309.

601 P.2d 626 (1979)

JACK KENT CADILLAC, INC., Petitioner, v. The DISTRICT COURT, IN AND FOR the CITY AND COUNTY OF DENVER, State of Colorado, and the Honorable Raymond Dean Jones, one of the Judges thereof, and John L. Genz and Beth Marie Genz, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 5, 1979.

Attorney(s) appearing for the Case

Ireland, Stapleton & Pryor, P. C., James C. Ruh, Ralston H. Deffenbaugh, Jr., Denver, for petitioner.

Canges & Shaver, John H. Licht, Denver, for respondents.

DUBOFSKY, Justice.

This is an original proceeding contesting the District Court's jurisdiction to issue a pre-judgment replevin order pursuant to C.R.C.P. 104 directing petitioner to deliver an automobile title to John and Beth Marie Genz. We issued a rule to show cause and now make that rule absolute.

Petitioner Jack Kent Cadillac, Inc. contracted to sell a 1977 Peugeot automobile to John Genz. As payment, Genz agreed to deliver a 1977 Cadillac, leased from...

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