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WESTERN HOMES v. DISTRICT COURT

No. 17834.

296 P.2d 460 (1956)

WESTERN HOMES, Inc., a corporation, W. C. Homes, Inc., a corporation, Mark S. Waggener and Frances K. Waggener, Petitioners, v. The DISTRICT COURT in and for the CITY AND COUNTY OF DENVER, and F. L. Warner et al., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 26, 1956.

Attorney(s) appearing for the Case

Means, Means & Roberts, Stanley H. Johnson, Denver, for petitioners.

Max D. Melville, Fred M. Winner, William G. Berge, Denver, for respondents.

MOORE, Justice.

This is an original proceeding in the nature of prohibition.

Upon consideration of the petition filed by Western Homes, Inc., W. C. Homes, Inc., Mark S. Waggener and Frances K. Waggener, a rule was issued directing the district court of the City and County of Denver and the 232 individually named respondents to show cause why they should not be prohibited from going forward with an action pending in that court wherein the petitioners were defendants...

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