EMPIREGAS, INC., OF PUEBLO v. PUEBLO CTY. CT.

No. 84CA0976.

713 P.2d 937 (1985)

EMPIREGAS, INC., OF PUEBLO, Petitioner-Appellant, v. The COUNTY COURT OF the COUNTY OF PUEBLO, The Honorable Gordon R. Cooper, County Court Judge, Respondent-Appellee.

Colorado Court of Appeals, Div. I.

December 19, 1985.


Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, Michael R. Waters, Colorado Springs, for petitioner-appellant.

Edwin K. McMartin, P.C., Edwin K. McMartin, Pueblo, for respondent-appellee.


BERMAN, Judge.

In this appeal of a judgment entered in a C.R.C.P. 106 proceeding, petitioner, Empiregas, Inc., of Pueblo, challenges the holding of the district court of Pueblo County that the respondent county court did not abuse its discretion in denying petitioner's request for dismissal of its counterclaim. We reverse.

The events pertinent to this appeal are as follows. In January 1983, a county court summons and complaint was served upon petitioner by...

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