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FARBER v. GREEN SHOE MFG. CO.

No. 78-971.

596 P.2d 398 (1979)

Joseph FARBER, d/b/a Joseph Farber and Associates, Plaintiff-Appellant, v. GREEN SHOE MFG. COMPANY, a foreign corporation, Defendant-Appellee.

Colorado Court of Appeals, Division III.

Rehearing Denied April 5, 1979.

Certiorari Denied June 11, 1979.

Attorney(s) appearing for the Case

Berenbaum & Weinberger, Peter R. Bornstein, Denver, for plaintiff-appellant.

Grant, McHendrie, Haines & Crouse, P. C., Susan B. Price, John G. Salmon, Denver, for defendant-appellee.

STERNBERG, Judge.

The issue in this appeal is whether the trial court erred in granting defendant Green Shoe Manufacturing Company's motion to dismiss based on plaintiff Farber's failure to prosecute. We conclude that, under the circumstances present here, the action should not have been dismissed and therefore reverse.

Farber brought an unlawful detainer action in 1972 seeking possession of property rented by S & L Bootery. The suit also sought money...

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