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CITY OF ROCKY FORD v. BROWN

No. 17784.

293 P.2d 974 (1956)

CITY OF ROCKY FORD, a municipal corporation; Robert Appleman, as Mayor; George Forbes, as City Clerk; and C. R. Schuth, Kenneth V. Bolton, Arthur G. Johnson, Carl M. Ustick, Jr., Daisy Whittaker, and Howard W. Grimsley, constituting the City Council of said City, Plaintiffs in Error, v. Robert J. BROWN, Roy C. Horton, and A. S. Kitch, Defendants in Error.

Supreme Court of Colorado, En Banc.

February 20, 1956.

Attorney(s) appearing for the Case

Elizabeth L. Guyton, Rocky Ford, Myles P. Tallmadge, Robert C. Tallmadge, Denver, for plaintiffs in error.

Lee, Bryans, Kelly & Stansfield, William A. Bryans, III, Bryant O'Donnell, Denver, Thulemeyer & Stewart, La Junta, Perry E. Williams, Rocky Ford, for defendants in error.

HOLLAND, Justice.

By this writ of error a review is sought of a judgment favorable to defendants in error in an action in the nature of mandamus commenced by them as a statutory committee representing petitioners in presenting to the city council of Rocky Ford a proposed franchise ordinance initiated by the people pursuant to the initiative and referendum laws of Colorado.

The initiative petitions which it is agreed were in proper form and contained the required...

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