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HARRIMAN v. CABELA'S INC.

Court of Appeals No. 14CA1671.

371 P.3d 758 (2016)

2016 COA 43

David HARRIMAN, Plaintiff-Appellant, v. CABELA'S INC., d/b/a Cabela's, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

Announced March 24, 2016.

Attorney(s) appearing for the Case

The Law Firm of Alan G. Molk, P.C., Alan G. Molk , Greenwood Village, Colorado; The Fowler Law Firm, LLC, Timms R. Fowler , Fort Collins, Colorado, for Plaintiff-Appellee.

Godfrey Johnson, P.C., Brett Godfrey , David R. Struthers , Englewood, Colorado, for Defendant-Appellee.

¶ 1 Colorado case law holds that a litigant cannot file a C.R.C.P. 60 motion as a substitute for an appeal or to avoid C.R.C.P. 59(j). This appeal raises the following question: Should a C.R.C.P. 60(b)(1) motion, which alleged that a litigant did not timely respond to a C...

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