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ATLAS CONST. CO. v. DIST. COURT IN AND FOR BOULDER CTY.

No. 28373.

589 P.2d 953 (1979)

ATLAS CONSTRUCTION COMPANY, INC., a Wyoming Corporation, M. V. Federer, Francis Ferguson, and Consolidated Construction Co., a Wyoming Corporation, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF BOULDER, State of Colorado, and the Honorable Richard W. Dana, a Judge of said Court, Respondents.

Supreme Court of Colorado, En Banc.

January 29, 1979.

Attorney(s) appearing for the Case

Mitchem & Mitchem, P. C., Allen P. Mitchem, Denver, for petitioners.

Kirk Wickersham, Jr., Boulder, for respondents.

PRINGLE, Justice.

The petitioners, Atlas Construction Company, et al. seek relief from this court in the nature of prohibition, alleging that the District Court of Boulder County acted in excess of its jurisdiction. The district court, on August 28, 1978, granted plaintiff's C.R. C.P. 60(b) motion to vacate a judgment entered by it on July 20, 1977. The 1977 judgment dismissed with prejudice the plaintiff's action against the petitioners for failure to prosecute....

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