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KAITZ v. DIST. COURT, SECOND JUDICIAL DIST.

No. 82SA82.

650 P.2d 553 (1982)

Jerrold Alan KAITZ, Tammy Lynn Kaitz, Sheryl Ann Kaitz, and Lori Beth Kaitz, by her next friend Barbara Suson, Petitioners, v. DISTRICT COURT, SECOND JUDICIAL DISTRICT, State of Colorado, the Honorable John Brooks, Jr., Judge, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 27, 1982.

Attorney(s) appearing for the Case

Crane & Lewis, Westminster, Frances Jean Pottick, Boulder, for petitioners.

John E. Bush, Denver, for respondent.

ROVIRA, Justice.

In this original proceeding under C.A.R. 21 the petitioners seek reversal of an order of the District Court in and for the City and County of Denver granting the motion of Central Bank and Trust Company (Central Bank) to strike petitioners' request for a jury trial and claim for exemplary damages because the action was equitable in nature. We issued a rule to show cause and now, having determined that the...

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