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CAPITOL FEDERAL SAVINGS & LOAN ASS'N v. SMITH

No. 18105.

316 P.2d 252 (1957)

CAPITOL FEDERAL SAVINGS AND LOAN ASSOCIATION, Whitney J. Armelin, Carmelita Armelin, Plaintiffs in Error, v. Ulysses S. SMITH, Helen R. Smith, Midland Federal Savings & Loan Association; Robert E. Lee, as Public Trustee of the City and County of Denver; City and County of Denver, a Municipal Corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

October 7, 1957.

Attorney(s) appearing for the Case

Ruth S. Hunt, Stuart B. St. Germain, Harold L. Meadoff, Denver, for plaintiffs in error.

Barry, Hupp & Dawkins, Denver, for defendants in Error, Ulysses S. Smith and Helen R. Smith.

Amici Curiae:

Arnold Forster, General Counsel, Paul Hartman and Sol Rabkin, Associate Counsel, New York City, for the Anti-Defamation League of B'nai B'rith.

Edwin J. Lukas, Gen. Counsel, Theodore Leskes, Associate Counsel, New York City, for American Jewish Committee.

Donaldson, Hoffman & Goldstein, Denver, for the Anti-Defamation League of B'nai B'rith.

Mandel Berenbaum, Louis G. Isaacson, Edward Miller, Joseph Mosko, Charles Rosenbaum, Walter M. Simon, Edwin J. Wittelshofer, Denver, members of executive committee of Anti-Defamation League of B'nai B'rith.

Anthony F. Zarlengo, William E. Doyle, Denver, Attorneys at Law.

KNAUSS, Justice.

For convenience we shall refer to the parties to this writ of error as they appeared in the trial court, where defendants in error were plaintiffs and plaintiffs in error were defendants.

Two claims were stated in plaintiff's amended complaint, one for a decree quieting title to real property, a second to obtain a declaratory judgment. Plaintiffs alleged that they were the owners of and in possession of certain lots in Block 6 Ashley's Addition...

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