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BOARD OF COUNTY COM'RS v. DISTRICT COURT

No. 24802.

472 P.2d 128 (1970)

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF TELLER, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF TELLER and State of Colorado, The Honorable Patrick M. Hinton, Judge Presiding, Stafford N. Ordahl, Carol M. Kenney and John Wondergem, Respondents.

Supreme Court of Colorado, En Banc.

July 20, 1970.

Attorney(s) appearing for the Case

Geddes, Weir, Sparks & O'Brien, Colorado Springs, for petitioner.

Evans, Peterson & Torbet, Colorado Springs, for respondents Stafford N. Ordahl, Carol M. Kenney and John Wondergem.

PRINGLE, Justice.

This is an original proceeding for a writ of prohibition brought by the Board of County Commissioners, hereinafter referred to as the board. Ordahl, Kenney, and Wondergem filed a complaint in the district court of Teller County naming the board as defendant and seeking an order compelling the board to re-district the commissioner districts. The board appeared specially and filed a motion under C.R.C.P. 12(b) to dismiss the action for lack of jurisdiction...

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