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BABER v. CENTRAL BANK AND TRUST COMPANY

No. 17935.

299 P.2d 116 (1956)

Ernest M. BABER, Plaintiff in Error, v. CENTRAL BANK AND TRUST COMPANY, Trustee of the Municipal Employees' Retirement and Disability Trust Fund, City and County of Denver, and William H. McNichols, Auditor of the City and County of Denver, Defendants in Error.

Supreme Court of Colorado, En Banc.

July 2, 1956.

Attorney(s) appearing for the Case

Stanley H. Johnson, Denver, for plaintiff in error.

Gorsuch, Kirgis, Campbell, Walker & Grover, Leonard M. Campbell, and Raymond J. Connell, Denver, for defendant in error, Central Bank and Trust Co.

John C. Banks, City Atty., Denver, for defendant in error, City and County of Denver.

MOORE, Justice.

This action rests on facts identical to those presented in the case of Brisnehan v. Central Bank and Trust Company, 299 P.2d 113, which has been disposed of by an opinion of this Court announced on this date.

Plaintiff in error Baber contends that the record in connection with his claim presents a question not involved in the Brisnehan case, in that under the provisions of section 21 of the ordinance he was...

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