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CITY OF FORT COLLINS v. PARK VIEW PIPE LINE

No. 18023.

336 P.2d 716 (1959)

CITY OF FORT COLLINS, a municipal corporation; William H. Allen, individually and as Mayor and Councilman; J. Morris Howell, individually and as Councilman; W. Frank Aydelotte, individually and as Councilman; Guy H. Palmes, individually and as City Manager, Plaintiffs in Error, v. PARK VIEW PIPE LINE, a mutual ditch company; Paul A. Hamilton, individually and on behalf of 50 others similarly situated; Maud Atkinson; Harry A. Irwin, individually and on behalf of 10 others similarly situated; Edith Holsinger; Edwin A. Miller and Arthur Beye, individually and on behalf of 37 others similarly situated; Dr. Glenn A. Sundquist; Floyd J. Holsinger; A. R. Rector and E. J. Betz, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 6, 1959.

Attorney(s) appearing for the Case

Arthur E. March, O. Rex Wells, Fort Collins, for plaintiffs in error.

Chester A. Bennett, Fort Collins, for defendants in error.

DAY, Justice.

We will refer to plaintiffs in error, City of Fort Collins, as the City; the City Council as Council; Park View Pipe Line, a mutual ditch company comprised of Hamilton and fifty others, as the Pipe Line Company; to all other defendants in error who comprise one class as Betz and others.

The Pipe Line Company and Betz and others were plaintiffs in the trial court. They commenced action to enjoin the City from discontinuing their water service...

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