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McDOWELL v. U.S.

No. 92CA2040.

870 P.2d 656 (1994)

Gordon R. McDOWELL, Jr. and Carol A. McDowell, Plaintiffs-Appellants, v. UNITED STATES of America, Substitute Defendant and Third-Party Plaintiff-Appellee.

Colorado Court of Appeals, Div. III.

February 24, 1994.

Attorney(s) appearing for the Case

Law Office of Peter A. Ricciardelli, Peter A. Ricciardelli, Telluride, for plaintiffs-appellants.

James W. Brannigan, Jr., U.S. Atty., Mary C. Lundberg, Asst. U.S. Atty., San Diego, CA, for substitute defendant and third-party plaintiff-appellee.

Opinion by Judge DAVIDSON.

Plaintiffs, Gordon R. and Carol A. McDowell, appeal from the summary judgment dismissing their claim for enforcement of a setback requirement against defendant, United States of America, on the grounds that the action is barred by the applicable statute of limitations. We affirm.

Plaintiffs, residents of Salt Lake City, Utah, are the owners of lot 5 in the Last Dollar Planned Unit Development (Last Dollar PUD) in San Miguel County...

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