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WHEELER BY WHEELER v. COUNTY OF EAGLE

No. 81SC342.

666 P.2d 559 (1983)

Kellie Marie WHEELER, By her next friend, John H. WHEELER, III, John H. Wheeler, III, and Joan Wheeler, Petitioners, v. The COUNTY OF EAGLE, Colorado, By and Through its COUNTY COMMISSIONERS, Respondent.

Supreme Court of Colorado, En Banc.

July 11, 1983.

Attorney(s) appearing for the Case

Robert A. Francis, P.C., Aspen, James L. Gilbert, Arvada, for petitioners.

Hall & Evans, David R. Brougham, Denver, for respondent.

ERICKSON, Chief Justice.

We granted certiorari to review the Court of Appeals' decision in Wheeler v. Baker, 636 P.2d 1326 (Colo.App.1981), which affirmed the district court's entry of summary judgment in favor of the defendant, Eagle County. We reverse and return this case to the Court of Appeals with directions to remand to the district court for trial.

The plaintiffs, Kellie Marie Wheeler and her parents, John and...

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