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UNITED STATES v. SMITH

No. 20529.

389 P.2d 409 (1964)

UNITED STATES of America, Plaintiff in Error, v. Charles L. SMITH, Fred H. Monk and Hugh Ross, County Commissioners in and for the County of El Paso, State of Colorado, et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

February 17, 1964.

Attorney(s) appearing for the Case

Lawrence M. Henry, U. S. Atty. for District of Colorado, Arthur L. Fine, Asst. U. S. Atty., Denver, for plaintiff in error.

Edwin Strand, Bernard L. Trott, Robert W. Johnson, Ben S. Wendelken, Colorado Springs, for defendants in error.

McWILLIAMS, Chief Justice.

The present writ of error poses a question as to the propriety of certain actions of the Board of County Commissioners of El Paso County wherein land situate near the United States Air Force Academy was rezoned.

The parties to the litigation are as follows:

1. The United States of America, hereinafter referred to as USA, the fee owner of all lands included within the United States Air Force Academy; 2. the several...

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