CASEY v. TRUSS

No. 85CA0132.

720 P.2d 985 (1986)

John CASEY, Plaintiff-Appellant and Cross-Appellee, v. David TRUSS, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 13, 1986.

Certiorari Denied June 16, 1986.


Attorney(s) appearing for the Case

Edward B. Almon, Denver, for plaintiff-appellant and cross-appellee.

March, Myatt, Korb, Carroll & Brandes, Mark L. Korb, Richard S. Gast, Fort Collins, for defendant-appellee and cross-appellant.


KELLY, Judge.

Plaintiff, John Casey, a Colorado resident, appeals the judgment of the trial court dismissing his complaint against David Truss on the basis of forum non conveniens. Defendant, David Truss, claims to be a resident of Alaska. The trial court found he had been properly served with process in Colorado. Defendant has abandoned his cross-appeal challenging the propriety of this ruling. We reverse.

Plaintiff moved to Alaska in 1979 and lived...

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