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POLK v. DENVER DIST. COURT

No. 92SA330.

849 P.2d 23 (1993)

Charles R. POLK, Petitioner, v. The DENVER DISTRICT COURT; and The Honorable Herbert L. Stern, III, a Judge of the Denver District Court, Respondents.

Supreme Court of Colorado, En Banc.

March 22, 1993.

Attorney(s) appearing for the Case

Richard B. Podoll, John J. Eberle, Podoll & Podoll, P.C., Denver, for petitioner.

Brian J. Berardini, Brown & Berardini, P.C., Denver, for respondents.

Justice MULLARKEY delivered the Opinion of the Court.

In this original proceeding brought pursuant to C.A.R. 21, the petitioner Charles R. Polk seeks a writ of mandamus compelling the trial court to permit him to amend his answer to add counterclaims. We issued a rule to show cause and now discharge that rule.

I.

In 1984, Polk, an executive vice-president of the Writer Corporation, took out a personal loan with United Bank of Denver and signed a...

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