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LEWIS v. J.C. PENNEY CO., INC.

No. 91CA1390.

841 P.2d 385 (1992)

Linda Ann LEWIS, and Dwayne Lewis, Individually and as Guardians of T.L. and A.N.L., Plaintiffs-Appellants, v. J.C. PENNEY COMPANY, INC., a Delaware corporation; Don Sheely, Thomas Leake, Rose Towndrow and Anita Gomez, Individually, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

October 8, 1992.

Attorney(s) appearing for the Case

Smith & Schaffer, P.C., C. Lamont Smith, Alan S. Thompson, Denver, for plaintiffs-appellants.

Davis, Graham & Stubbs, Michael J. Gallagher, Andrew M. Low, Denver, for defendants-appellees.

Opinion by Judge CRISWELL.

Plaintiffs, Dwayne and Linda Lewis, on behalf of themselves and their two minor children, appeal from the judgment of the trial court dismissing their claims against defendant, J.C. Penney Co., Inc., with prejudice. Such judgment was entered because of plaintiffs' admitted failure to pay to defendant attorney fees for plaintiffs' prior failure to engage in meaningful discovery. We reverse and remand for the trial court's reconsideration...

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