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FINNEY v. ESTES

No. 17271.

273 P.2d 638 (1954)

FINNEY et al. v. ESTES et al.

Supreme Court of Colorado, En Banc.

August 16, 1954.

Attorney(s) appearing for the Case

Eugene O. Perkins, Colorado Springs, for plaintiffs in error.

F. T. Henry and Louis Johnson, Colorado Springs, for defendant in error City of Colorado Springs.

David P. Strickler and Karl R. Ross, Colorado Springs, for defendants in error J. W. Estes and Garbage Service Co.

John C. Banks, Malcolm D. Crawford, Denver, Conrad L. Ball, Loveland, John Marsalis, Pueblo, amici curiae.

HOLLAND, Justice.

On or about August 26, 1952, the City of Colorado Springs, under the authority of an initiated ordinance adopted by the electors, entered into a contract with defendant Estes and the Garbage Service Company for the collection and disposal of garbage in the City of Colorado Springs. Plaintiffs in error, as plaintiffs in the trial court, for themselves and all others similarly situated, contending and alleging that said purported contract was not a...

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