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TOLL v. CITY AND COUNTY OF DENVER

No. 18488.

340 P.2d 862 (1959)

Henry W. TOLL and Cyrena M. Toll, Petitioners, v. CITY AND COUNTY OF DENVER, a Municipal Corporation, the District Court of Gilpin County, and the Honorable Christian D. Stoner, Judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 6, 1959.

Attorney(s) appearing for the Case

John M. Evans, Ora H. George, Denver, for petitioners.

John C. Banks, Glenn G. Saunders, Willard S. Snyder, Terry J. O'Neill, Denver, for respondents.

KNAUSS, Chief Justice.

This is an original proceeding in the nature of certiorari or prohibition directed to the District Court of Gilpin County, by which the complainants here seek to restrain further proceedings in a condemnation action pending in that court. Pursuant to the prayer of the complaint a rule to show cause was issued. The action has its origin in a proceeding in eminent domain instituted by the City and County of Denver against defendants Toll and others...

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