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FIRST NAT. BANK OF CANON CITY v. CAMPBELL

No. C-1777.

599 P.2d 915 (1979)

FIRST NATIONAL BANK OF CANON CITY, Petitioner, v. Rial CAMPBELL, Respondent.

Supreme Court of Colorado, En Banc.

September 17, 1979.

Attorney(s) appearing for the Case

Horn, Anderson & Johnson, R. E. Anderson, Colorado Springs, for petitioner.

Harry V. Kengle, Florence, for respondent.

HODGES, Chief Justice.

This is a case in which the trial court, after a verdict was returned, sua sponte, granted a new trial on the ground that a necessary jury instruction had been omitted notwithstanding counsel's failure to object to the instructions given. The court of appeals held that the trial court erred in basing its order for a new trial on the inadequacies of the instructions. See First National Bank of...

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