CRISWELL v. M.J. BROCK AND SONS, INC.

No. 83SA140.

681 P.2d 495 (1984)

Robert C. CRISWELL and Janet M. Criswell, Plaintiffs-Appellants, v. M.J. BROCK AND SONS, INC., a Delaware corporation, Defendant-Appellee, and Third-Party Plaintiff, v. HOMEOWNERS WARRANTY CORPORATION OF COLORADO, a Colorado corporation, and INA Underwriters Insurance Company, a California corporation, Third-Party Defendants.

Supreme Court of Colorado, En Banc.

April 23, 1984.


Attorney(s) appearing for the Case

James S. Kimmel, Littleton, for plaintiffs-appellants.

Clanahan, Tanner, Downing & Knowlton, Michael J. Wozniak, Denver, for defendant-appellee, and third-party plaintiff.


KIRSHBAUM, Justice.

Plaintiffs, Robert and Janet Criswell, appeal a Jefferson County District Court order declaring that section 13-80-127(1)(a), C.R.S.1973 (1983 Cum.Supp.), does not violate constitutional guarantees of equal protection of the law and dismissing plaintiffs' claims for damages to their residence on the basis of that statute of limitations. We affirm in part, reverse in part, and remand the case for further proceedings.

I.

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