MOUNTAIN STATES TEL. & TEL. v. DiFEDE

No. 88SC266.

780 P.2d 533 (1989)

The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Kent J. Stauffer, Public Administrator for El Paso County, and Anne DiFede, Petitioners/Cross-Respondents, v. Susan DiFEDE, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 23, 1989.


Attorney(s) appearing for the Case

Eiberger, Stacy, Smith & Martin, Raymond W. Martin and Paul F. Hodapp, and U.S. West Communications, Law Dept., Russell P. Rowe, Denver, for petitioner/cross-respondent Mountain States Tel. and Tel. Co.

Rector, Retherford, Mullen & Johnson, Anthony A. Johnson and Neil C. Bruce, Colorado Springs, for petitioner/cross-respondent Anne DiFede.

Kofoed & Larson, P.C., David L. Kofoed, Englewood, and Eugene F. Costello, P.C., Eugene F. Costello and Bernadette M. Bauman, Denver, for respondent/cross-petitioner Susan DiFede.


Justice VOLLACK delivered the Opinion of the Court.

In Mountain States Telephone & Telegraph Co. v. DiFede, 763 P.2d 298 (Colo.App.1988), the court of appeals reversed a judgment in favor of Mountain States Telephone and Telegraph Company (Mountain Bell or Anthony's employer) and John and Anne DiFede (the DiFedes or Anthony's parents). It held that the trial court erred both in entering a judgment notwithstanding the verdict...

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