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PEOPLE v. KNISS

No. 19262.

357 P.2d 352 (1960)

PEOPLE of the State of Colorado ex rel. Martin (Marty) MIJARES, Lee Larson, George J. Archuleta, Jack W. Bonner, Carl Epperson, George S. Gould, Al McConnell, Mike Rosweck, Tom McMahon, Excedus Wynn, William Cameron, Charles Lynch, Frank Lee Elliott, E. M. Martinez, Otis Posey, Ben Ballard, Leroy Lopez and W. C. Ladman, all individually; Jim Arellano, Robert L. Johnson, Gilbert Ladoux, James Mijares, James E. Girod, Frank Maestas, Boyce Pedigo, Charles Craft and Thomas Mijares, as representatives of a class composed of members of Local Union No. 720, Plaintiffs in Error, v. Phil KNISS, Fred Buscietta, Harry Eby, Archie Ramsey, Max McAfee, Jack Kidd, Lawrence Jenkins, Con Fortunato, Felix Trujillo, L. C. Dickerson, Wayne Meints, Art Bello, James McFarland, Dave Massenberg, Willie McWhorter, Dick Stean and Bill Salmons, as individuals; Phil Covey, O'Dell Harts and Mike Wytulka, as individuals and as election judges of Local Union No. 720, Defendants in Error.

Supreme Court of Colorado, In Department.

December 5, 1960.

Attorney(s) appearing for the Case

Myrick & Smith, John A. Criswell, Englewood, for plaintiffs in error.

Robert J. Kirschwing, Denver, for defendants in error.

FRANTZ, Justice.

This suit presents the curious question of the appropriateness of the use of Rule 106(a) (3) R.C.P.Colo. to oust officers of an unincorporated labor union on the ground that their election was effected by alleged unfair procedures and violations of applicable provisions of the constitution of the organization. The district attorney refusing to proceed at their request, the suit was filed by the candidates whose defeat, it is said, resulted from the...

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