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DETI v. CITY OF DURANGO

No. 18259.

316 P.2d 579 (1957)

James DETI, Mike Strappell, Alex Lewis, Clarence Belcher, William H. Crocker, Mrs. Bonnie Meier and Mrs. Eva Craig, Plaintiffs in Error, v. CITY OF DURANGO, a Municipal Corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied November 4, 1957.

Attorney(s) appearing for the Case

Lewis M. Perkins, Durango, for plaintiffs in error.

Emigh & Emigh, Durango, for defendant in error.

Bentley M. McMullin, Aurora, amicus curiæ.

HOLLAND, Justice.

Plaintiffs in error, as plaintiffs, filed an action in the district court of La Plata county against the city of Durango, a municipal corporation, to have an ordinance of the city, adopted February 14, 1956, declared unconstitutional and void, and to further obtain an injunction prohibiting enforcement of the ordinance.

The matter was submitted to the trial court upon facts that were admitted in the pleadings; defendant's answers to interrogatories...

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