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KORTZ v. ELLINGSON

Civ. A. No. 6618.

181 F.Supp. 857 (1960)

Jess KORTZ and A. C. Rollnick, individually and doing business as A. & J. Investment Co., Plaintiffs, v. Ruth ELLINGSON, as the Treasurer of the County of El Paso and State of Colorado, and the Board of County Commissioners of the County of El Paso, Defendants.

United States District Court D. Colorado.

March 15, 1960.

Attorney(s) appearing for the Case

Creamer & Creamer, George Louis Creamer, Denver, Colo., for plaintiffs.

J. Fred Schneider, Denver, Colo., Leon H. Snyder, Leo W. Rector and Byron L. Akers, Jr., Colorado Springs, Colo., for defendants.

ARRAJ, Chief Judge.

This case is before the Court on defendants' motion to dismiss.

Plaintiffs' complaint alleges in substance that plaintiffs own a parcel of real estate in El Paso County, Colorado, and that they paid the ad valorem taxes assessed against the property before the same became delinquent for the years 1955, 1956, 1957 and 1958 respectively. Plaintiffs also allege that on April 1, 1959, the defendant Treasurer of El Paso County, Colorado, sent...

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