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HATTELL v. PUBLIC SERVICE COMPANY OF COLORADO

Civ. A. No. C-4206.

350 F.Supp. 240 (1972)

James F. HATTELL and Ann Hattell, individually and on behalf of their minor children, Melvin J. Hattell and Mary L. Hattell, Plaintiffs, v. PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Defendant.

United States District Court, D. Colorado.

November 7, 1972.

Attorney(s) appearing for the Case

Terrance R. Kelly and John B. Kusic, East Denver Legal Services, James H. Seckinger, Legal Aid Society of Metropolitan Denver, Kokish, Garner & Bender by Michael L. Bender, Denver, Colo., for plaintiffs.

Lee, Bryans, Kelly and Stansfield by Richard W. Bryans, Denver, Colo., for defendant.

MEMORANDUM OPINION

WINNER, District Judge.

Plaintiffs seek declaratory and injunctive relief as well as damages against Public Service Company. The action is brought under 42 U.S.C. § 1983, and jurisdiction is said to be founded on 28 U. S.C. § 1343 as well as on 28 U.S.C. § 1331 because in plaintiffs' view the case arises under the Constitution of the United States. Jurisdiction of the several accompanying claims is said to be pendent.

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