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BRENNAN CONSTRUCTION CO. v. COLORADO SPRINGS CO.

No. 17704.

295 P.2d 686 (1956)

The BRENNAN CONSTRUCTION COMPANY, Inc., a corporation, Plaintiff in Error, v. COLORADO SPRINGS COMPANY, a corporation et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 23, 1956.

Attorney(s) appearing for the Case

John H. Gately, Colorado Springs, for plaintiff in error.

Murray, Baker & Wendelken, Robert L. Spurgeon, H. T. McGarry, Rowan T. Thomas, Colorado Springs, for defendants in error.

MOORE, Justice.

Following the issuance of writ of error in this cause, and on December 15, 1955, the reporter's transcript lodged by plaintiff in error was stricken on motion of defendants in error.

January 13, 1956, plaintiff in error filed its opening brief and a copy thereof was served on defendants in error. January 26, 1956, defendants in error filed a motion to dismiss the writ of error and filed a brief in support thereof. The matter now stands before...

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