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VARNER v. DISTRICT CT. FOR FOURTH JUD. DIST.

No. 80SA344.

618 P.2d 1388 (1980)

Richard D. VARNER, Petitioner, v. The DISTRICT COURT FOR the FOURTH JUDICIAL DISTRICT, State of Colorado, and The Honorable Bernard R. Baker, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

November 3, 1980.

Attorney(s) appearing for the Case

Bennett, Heinicke & Hollaway, Dale A. Gerlach, Colorado Springs, for petitioner.

Rector, Retherford, Mullen & Johnson, Jerry A. Retherford, Neil C. Bruce, Colorado Springs, for respondents.

QUINN, Justice.

The petitioner, Richard D. Varner, in this original proceeding under C.A.R. 21 seeks an order directing the district court of El Paso County to grant a motion to amend his complaint. We issued a rule to show cause and now make the rule absolute.

The pending litigation in the district court involves the purchase and subsequent repossession of a pickup truck. Realizing that the merits of this controversy must await final resolution at trial,...

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