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TUNGET v. BOARD OF COUNTY COM'RS

No. 97CA1327.

992 P.2d 650 (1999)

Dennis TUNGET and Nicole Tunget, Plaintiffs-Appellants and Cross-Appellees, v. BOARD OF COUNTY COMMISSIONERS OF DELTA COUNTY, Defendant-Appellee, and City of Delta, Colorado, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied August 26, 1999.

Certiorari Denied January 24, 2000.

Attorney(s) appearing for the Case

Norton Frickey & Associates, Dan O. Adkins, L. Dan Rector, Colorado Springs, Colorado, for Plaintiffs-Appellants and Cross-Appellees.

Doehling & Driscoll, P.C., Gary L. Doehling, Jeffrey L. Driscoll, Grand Junction, Colorado, for Defendant-Appellee.

Younge & Hockensmith, P.C., Earl G. Rhodes, Grand Junction, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge KAPELKE.

In this tort action arising from an automobile accident, plaintiffs, Dennis and Nicole Tunget, appeal from the trial court's dismissal of their complaint against defendant Board of County Commissioners of Delta County (the Board) for failure to state a claim, and from the award of attorney fees in favor of the Board. Defendant City of Delta (the City) appeals from the trial court's order denying its motion to dismiss for lack of subject matter...

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