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DAVIDSON CHEVROLET v. CITY AND COUNTY OF DENVER

No. 18588.

328 P.2d 377 (1958)

DAVIDSON CHEVROLET, Inc., Claude S. Slocum and Josephine G. Slocum, Plaintiffs in Error, v. CITY AND COUNTY OF DENVER, John D. McLucas, as Zoning Administrator of the City and County of Denver, and Donald F. Harter, as Chief Building Inspector of the City and County of Denver, Paul C. Brown, Bettie F. Brown, W. Max Moore, Virginia R. Moore, Leonard Kramer, Naomi C. Kramer, Otto H. Zumwinkle, Essie M. Zumwinkle, Warren B. Scobey, Carolyn K. Scobey, Norman E. Gross, Lillian C. Gross, Ralph Justice Ord, Lucy Margaret Ord, Robert W. Luckadoo, Jean M. Luckadoo, William Francis Robinson, Jr., Ella Frances Robinson, Adam Richard Wasem, James J. Palmer, Gertrude M. Palmer, Robert H. Gottschalk, Elizabeth M. Gottschalk, Harold I. Vessels and Cecelia M. Vessels, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 11, 1958.

Attorney(s) appearing for the Case

Leslie A. Gross, George Louis Creamer, Denver, for plaintiffs in error.

John C. Banks, Earl T. Thrasher, Hans W. Johnson, Denver, for defendants in error.

PER CURIAM.

Denver sued out a writ of error, seeking to have reversed an adverse judgment which it suffered in the district court on December 4, 1957. The district court vacated the judgment on January 3, 1958, while the case (Denver v. Davidson Chevrolet, Inc., et al., No. 18497) was pending here on error.

On January 17, 1958, Denver filed its motion to dismiss without prejudice its writ of error. On January 30, 1958, the motion was granted, and on March...

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