William H. McNICHOLS, as Auditor of the City and County of Denver; William G. Berge, as a Taxpayer of the City and County of Denver, and all other persons similarly situated; Carl H. Helman, and all persons similarly situated; and William H. McNichols, M. A. Moritz, W. A. Farrell, S. N. Bird, J. A. Tennes, Lee Younger, Roy Cass, Bert Keating and Cora Cook, as members of the Board of Directors of the Municipal Employees Credit Union of Denver, Plaintiffs in Error,
v.
CITY AND COUNTY OF DENVER, a Municipal corporation, R. H. McWilliams, Bert Keating, J. Emerson Carey, Blanche Bonner, Melvin Roberts and Ralph Blossom, as members of the Board of Trustees of the Retirement and Disability Plan of the City and County of Denver; Joseph L. Benedick, A. W. Heinemann, and all persons similarly situated; Glenn Dumford, and all persons similarly situated; William B. Miller, and all persons similarly situated; Mary Ann Willard, and all persons similarly situated; Nyla J. Kladder, and all persons similarly situated; Gordon Hampton, and all persons similarly situated; and David Oyler, Defendants in Error.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 7, 1955.
March 7, 1955.
Attorney(s) appearing for the Case
Fred M. Winner, Denver, for plaintiffs in error McNichols as auditor, and Berge, as a taxpayer of the City and County of Denver.
Harry A. King, Denver, for plaintiff in error, Carl H. Helman.
Ben Klein, Denver, for plaintiffs in error, Municipal Employees Credit Union of Denver.
John C. Banks, Denver, for defendant in error, City and County of Denver.
Leonard M. Campbell, Denver, for defendants in error, R. H. McWilliams, Jr., Bert Keating, Emerson Carey, Jr., Blanche Bonner, Melvin Roberts, and Ralph Blossom, as Members of the Board of Trustees of the Retirement and Disability Plan of the City and County of Denver.
William E. Doyle, Denver, for defendants in error, Joseph L. Benedick, A. W. Heinemann, and all persons similarly situated; Glenn Dumford, and all persons similarly situated; William B. Miller, and all persons similarly situated; Gordon Hampton, and all persons similarly situated.
Supreme Court of Colorado, En Banc.
MOORE, Justice.
The controversy involved in this case has been before our Court by writ of error on a former occasion. Our opinion in those proceedings, City and County of Denver v. McNichols, 129 Colo. 251, 268 P.2d 1026, contained sufficient of the pertinent facts to justify a statement of the issues as set forth therein. Accordingly we quote from that opinion as follows:
"The City and County of Denver filed its complaint...
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