DOBLER v. DISTRICT COURT

No. 90SA381.

806 P.2d 944 (1991)

Tom DOBLER and Rose Dobler, d/b/a Cedar Rose Dairy, Petitioners, v. DISTRICT COURT In and For the COUNTY OF KIT CARSON and Joseph J. Weatherby, as Judge of said Court, Respondents.

Supreme Court of Colorado, En Banc.

March 11, 1991.


Attorney(s) appearing for the Case

John Gehlhausen, P.C., John Gehlhausen, Lamar, for petitioners.

Retherford, Mullen, Rector & Johnson, Anthony J. Johnson and Amelia L. Klemme, Colorado Springs, for Stratten Equity Coop (defendant below).


Justice ERICKSON delivered the Opinion of the Court.

This is an original proceeding by Tom Dobler and Rose Dobler (the Doblers) to obtain a writ of prohibition. We issued a rule to show cause why a writ of prohibition should not be issued, and now make that rule absolute.

I

The Doblers own and operate a dairy. Stratton Equity Coop (Stratton) sold the Doblers 14,000 pounds of rolled corn as feed for the Doblers' dairy herd. Stratton inadvertently...

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