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PUDLIK v. PUBLIC SERVICE COMPANY OF COLORADO

Civ. No. 5927.

166 F.Supp. 921 (1958)

John J. PUDLIK, on behalf of himself and all other residents of the City of Boulder, Colorado, Plaintiff, v. PUBLIC SERVICE COMPANY OF COLORADO, a public service corporation, City of Boulder, a municipal corporation, Leo C. Riethmayer, Mayor of the City of Boulder, Frank S. Henderson, Ralph C. Horton, John P. Thompson and Joseph F. Nigro, Defendants.

United States District Court District of Colorado.

October 15, 1958.

Attorney(s) appearing for the Case

James H. Snyder, Denver, Colo., for plaintiff.

Lee, Bryans, Kelly & Stansfield and Bryant G. O'Donnell, Denver, Colo., for Public Service Co. of Colorado and Frank S. Henderson.

John R. Mack, and Guy A. Hollenbeck, Boulder, Colo., for City of Boulder and Leo C. Riethmayer, Mayor of City of Boulder.

Duke W. Dunbar, Frank E. Hickey and Henry E. Zarlengo, Denver, Colo., for Ralph C. Horton, John P. Thompson and Joseph F. Nigro.

ARRAJ, District Judge.

This case is before the Court on the following motions of the respective defendants:

Motion of Public Service Company of Colorado to dismiss for failure to state a claim, and

Motion to dismiss by said company for lack of jurisdiction of the subject matter.

Motion of the City of Boulder to dismiss: (1) For failure to state a claim, (2) For lack of jurisdiction of the subject matter, and (3) Failure of plaintiff to seek...

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