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CITY & COUNTY OF DENVER v. BOARD OF COUNTY COM'RS

No. 19008.

359 P.2d 1031 (1961)

CITY AND COUNTY OF DENVER, a municipal corporation, and Paul Hentzel, William Flor, Roland Mapelli, George Cavender, Joe Ciancio, Jr., Elvin R. Caldwell, Alex B. Holland, C. Paul Harrington, Ed Mapel, as the duly elected, qualified and acting members of the City Council of the City and County of Denver, a municipal corporation, Plaintiffs in Error, v. BOARD OF COUNTY COMMISSIONERS of the COUNTY OF ARAPAHOE, State of Colorado, and Arthur A. Fisher, and Eugene Charles Investment Co., a Colorado corporation; David Crane Investment Co., a Colorado corporation; A. & H. Investment Co., a Colorado corporation; Min Judd Investment Co., a Colorado corporation; and Rhoads-Perry, Inc., a Colorado corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 20, 1961.

Attorney(s) appearing for the Case

Donald E. Kelley, Robert S. Wham, James H. Snyder, Donaldson, Hoffman & Goldstein, Denver, for plaintiffs in error.

Creamer & Creamer, Denver, for defendants in error Eugene Charles Investment Co., and others.

Richard H. Simon, Englewood, for defendants in error Board of County Com'rs, and Arthur A. Fisher.

William Pehr, Westminster, Ronald J. Hardesty, Lakewood, Henry & Adams, Victor Quinn, William B. Naugle, George H. Tilton, Jr., Edward J. McHugh, Fred W. Mattson, Jr., Robert G. Hoghaug, James T. Bayer, Richard B. Harvey, George J. Francis, Dawson, Nagel, Sherman & Howard, Raymond J. Turner, Michael A. Williams, Denver, amici curiae.

PER CURIAM.

This cause has been heard and considered by the Court, Mr. Justice McWilliams not participating. Mr. Chief Justice Hall, Mr. Justice Sutton and Mr. Justice Frantz are in favor of affirmance of the judgment of the trial court. Mr. Justice Moore, Mr. Justice Day and Mr. Justice Doyle are in favor of reversal. The judgment therefore stands affirmed by operation of law because of an equally divided Court. Rule 118(f), R.C.P.

Statement of Mr. Justice...

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