Opinion by Judge CRISWELL.
Plaintiffs, Ted Donley, Jr., and his daughter, Vanessa Donley, appeal from the judgment entered on a jury verdict against them and in favor of defendant, State of Colorado. Because we conclude that the trial court erred in determining the question whether a witness was more than 100 miles from the place of trial, so as to authorize the use of his pre-trial deposition in lieu of his testimony, we reverse and remand for a new trial.
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