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PUEBLO COUNTY COM'RS v. DISTRICT COURT

No. 85SA40.

708 P.2d 466 (1985)

PUEBLO COUNTY COMMISSIONERS John Giguere, Al Hayden, and George Amaya; Pueblo County Department of Social Services, State of Colorado, Darlene Wallace, Adolph Berumen; Pueblo County Deputy District Attorney Matt Martin; Pueblo County, State of Colorado Special Assistant Attorney Kathleen Hearn; Pueblo County State of Colorado Deputy Sheriff Barrett, Petitioners, v. The DISTRICT COURT IN AND FOR the TENTH JUDICIAL DISTRICT and the Honorable John R. Tracey, Judge Thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 12, 1985.

Attorney(s) appearing for the Case

Hall & Evans, Alan Epstein, Denver, for petitioners.

Respondents not appearing.

Joseph James Lenihan, Pueblo, for C.P.

ERICKSON, Justice.

This is an original proceeding to obtain a writ of prohibition. Petitioners seek an order prohibiting the respondent district court from exceeding its jurisdiction by determining the merits of counterclaims asserted in a dependency and neglect proceeding. We issued a rule to show cause why the counterclaims should not be dismissed. We now make the rule absolute.

I.

The Pueblo County Department of Social Services instituted a dependency...

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