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CITY OF PUEBLO v. RATLIFF

No. 17526.

281 P.2d 1021 (1955)

CITY OF PUEBLO, a Municipal Corporation, Maclndoe Plumbing and Heating, Inc., a corporation, and John M. Maclndoe, Doe I and Doe II, as copartners doing business as John Maclndoe Plumbing and Heating, Plaintiffs in Error, v. Guy E. RATLIFF, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 25, 1955.

Attorney(s) appearing for the Case

Burris & Bumgardner, Pueblo, for plaintiffs in error MacIndoe Plumbing & Heating, Inc., John M. MacIndoe, Doe I and Doe II as copartners doing business as John MacIndoe Plumbing and Heating.

John H. Marsalis, Pueblo, for plaintiff in error City of Pueblo.

John R. Wall, Pueblo, for defendant in error.

HOLLAND, Justice.

Plaintiff in error MacIndoe Plumbing and Heating, Inc., of Pueblo, Colorado, in the latter part of December 1952 made an excavation on one of the streets of the City of Pueblo for the purpose of making what was claimed to be an emergency connection. It appears that at the time, said concern had a deposit of $25 with the city to guarantee cost of repairs. There is an unreconcilable dispute as to whether this concern or any of its employees obtained...

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