ERICKSON, Justice.
At issue in this appeal is the constitutionality of the guest statute, section 42-9-101, C.R.S. 1973, and the question of whether an issue of fact precluded the trial judge from granting summary judgment, pursuant to C.R.C.P. 56. Plaintiffs-appellants Connie and Jean Huydts appeal from an order of the district court which granted summary judgment to the defendants-appellees Joselyn and Lester Dixon and the plaintiffs-appellees Becky and Harold Kelty...
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