(453 P.2d 606)

Thomas J. Carlile v. Peter Kiewit Sons’ Company.

No. 22603.Supreme Court of Colorado.
Decided May 5, 1969.

From judgment of trial court holding corporate officer individually liable on promissory note, error was brought.

Affirmed by Operation of Law.

Error to the District Court of Arapahoe County, Honorable Robert B. Lee, Judge.

Richard N. Graham, for plaintiff in error.

Roy S. Scott, Jr., Tilly Graves, Harmon S. Graves, III, for defendant in error.

En Banc.

Per Curiam.

Page 128

MR. JUSTICE DAY, MR. JUSTICE PRINGLE and MR. JUSTICE KELLEY would affirm.

MR. CHIEF JUSTICE McWILLIAMS, MR. JUSTICE HODGES and MR. JUSTICE GROVES would reverse and remand for further proceedings.

MR. JUSTICE LEE, having been the trial judge, does not participate.

The court being evenly divided, the judgment is affirmed by operation of law.

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