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  5. 632 P.2d 563 (1981)
 

H. W. HOUSTON CONST. CO. v. DIST COURT OF TENTH JUDICIAL DISTRICT

Nos. 81SA72 and 81SA78.

632 P.2d 563 (1981)

H. W. HOUSTON CONSTRUCTION COMPANY, Petitioner, v. The DISTRICT COURT OF the TENTH JUDICIAL DISTRICT, State of Colorado, the Honorable Richard D. Robb, Respondent. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF PUEBLO, Petitioner, v. The DISTRICT COURT OF the TENTH JUDICIAL DISTRICT, State of Colorado, the Honorable Richard D. Robb, Respondent.

Supreme Court of Colorado, En Banc.

May 26, 1981.

Attorney(s) appearing for the Case

Melat & Wheeler, Jeffrey R. Wheeler, Colorado Springs, for petitioner Board of County Commissioners of Pueblo County.

Lee N. Sternal, P. C., Pueblo, for respondent.

Rector, Retherford, Mullen & Johnson, L. Dan Rector, Colorado Springs, for petitioner H. W. Houston Const. Co.

LEE, Justice.

In this original proceeding, separate petitions in the nature of prohibition pursuant to C.A.R. 21 were filed by petitioners who were the defendants in the trial court. We have consolidated the petitions for the purpose of this opinion. We issued our rule to show cause why the relief prayed for should not be granted. We now discharge the rule in part and make the rule absolute in part.

On July 5, 1978, a cement mixer owned by Fountain Sand and...

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