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COLORADO HIGH S.A. ASS'N v. UNCOMPAHGRE BROADCAST. CO.

No. 17770.

300 P.2d 968 (1956)

COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION and Delta Joint School District No. 50, Plaintiffs in Error, v. UNCOMPAHGRE BROADCASTING COMPANY and K.G.L.N. Inc., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 17, 1956.

Attorney(s) appearing for the Case

Emory L. O'Connell, Denver, A. Allen Brown, Delta, for plaintiffs in error.

Robertson & Danks, Denver, Sparks & Conklin, Delta, Hughes & Bjelland, Montrose, for defendants in error.

Strang, Loesch & Kreidler, Montrose, for Montrose County High School Dist.

Hubert D. Waldo, Jr., Greeley, Dudley I. Hutchinson, Boulder, J. Harrison Hawthorne, Canon City, Clyde T. Davis, La Junta, Leslie A. Gifford, Aurora, Amici Curiae in behalf of School Dists. No. 6, Weld County (Greeley); No. 3, Boulder County (Boulder); No. 1, Fremont County (Canon City); No. 11, Otero County (La Junta); No. 28-J, Adams-Arapahoe Counties (Aurora).

SUTTON, Justice.

Plaintiffs in Error were defendants below and will herein be referred to as defendants or Association or District where applicable. Defendants in Error were plaintiffs below and will be referred to herein as plaintiffs.

This is a case of first impression in Colorado and involves the question of whether a public school district in Colorado can charge private radio stations a fee to broadcast a high school football game.

A secondary...

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