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STATE v. PENA

No. 91CA0960.

837 P.2d 214 (1992)

The STATE of Colorado, for the Use of the DEPARTMENT OF CORRECTIONS, Plaintiff-Appellant, v. Federico PENA, Mayor of City and County of Denver, J.D. MacFarlane, Manager of Safety, City and County of Denver, John Simonet, Director of Corrections for the City and County of Denver, Mose Trujillo, Warden of the Jail for the City and County of Denver, Sal Carpio, Robert Crider, Kathy Donohue, Stephanie Foote, Ted Hackworth, Nieves McIntyre, Kathy Reynolds, William Roberts, William Scheitler, John Silchia, and Paul Swalm, City Council Members, City and County of Denver, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 13, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul S. Sanzo, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Daniel E. Muse, City Atty., Stan M. Sharoff, Asst. City Atty., Denver, for defendants-appellees.

Opinion by Judge SMITH.

The State Department of Corrections (State) appeals from a judgment of the district court denying its motion for relief under C.R.C.P. 60(b)(5). We dismiss the appeal.

In May 1986, because of overcrowded conditions in the Denver county jail, the City and County of Denver refused the State's request to incarcerate a parole violator. In response, the State filed the action here at issue to compel Denver to accept any parole violator tendered...

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