BENDER v. DISTRICT COURT

No. 17825.

291 P.2d 684 (1955)

Thomas L. BENDER and Grace C. Bender, Complainants, v. DISTRICT COURT In and for the COUNTY OF EL PASO, State of Colorado, and The Honorable John G. Reld, a Judge Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 16, 1956.


Attorney(s) appearing for the Case

Hatfield Chilson, Loveland, for complainants.

Karl R. Ross, Frederick T. Henry, Ben S. Wendelken, Colorado Springs, for respondents.


CLARK, Justice.

This is an original proceeding in the nature of prohibition. Complainants are plaintiffs in an action pending in the respondent district court, wherein defendants are The City of Colorado Springs, a Municipal Corporation, The Broadmoor Hotel, Inc., and The South Suburban Water Company.

Briefly, plaintiffs in the district court action, after alleging themselves to be the owners of certain described lands, further allege that in 1931 they procured...

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