Rozek v. Christen

We refer to plaintiff in error as Rozek, to all defendants in error as such, to Christen, Farrell and Lunine individually by name, or together as “the expected adverse parties,” and to Tippo, Brown, Newton, Nossaman, Rense and Waldrop individually by name, or together as “the witnesses.”

On May 9, 1962, Rozek filed his verified petition in the District Court of Boulder County, whereby he sought to be allowed to examine the defendants in error under oath and to perpetuate their testimony.

Rozek seeks to invoke the aid afforded by R.C.P. Colo., Rule 27(a) (1), pertinent portions of which provide:

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