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HALLIBURTON v. COUNTY COURT CITY & CTY. OF DENVER

No. 83SA352.

672 P.2d 1006 (1983)

Clarence HALLIBURTON, Petitioner, v. COUNTY COURT In and For the CITY AND COUNTY OF DENVER, and the Honorable Theodore H. Chrysler, one of the Judges thereof, and County Court In and For the County of Arapahoe, and the Honorable Richard B. Cossaboom, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 5, 1983.

Attorney(s) appearing for the Case

Linda J. Olson, LeRoy L. Miller, Denver, for petitioner.

Stephen H. Kaplan, City Atty., Lee G. Rallis, William C. Murray, Jr., Asst. City Attys., Denver, for respondent Denver County Court.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Ruthanne Gartland, First Asst. Atty. Gen., Denver, for respondent Arapahoe County Court.

LOHR, Justice.

In this original proceeding under C.A.R. 21, the petitioner, Clarence Halliburton, asks that we direct either the Arapahoe County Court or the Denver County Court to afford him a jury trial on a date certain to resolve the civil claims that the petitioner has asserted against United Bank of Aurora (Bank). We conclude that both respondent courts abused their discretion but hold that the appropriate relief is to make absolute the rule directed to the...

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