MEMORIAL TRUSTS, INC. v. BERRY

No. 19360.

356 P.2d 884 (1960)

MEMORIAL TRUSTS, INC., Plaintiff In Error, v. Sam N. BEERY, Commissioner of Insurance of the State of Colorado, Defendant In Error.

Supreme Court of Colorado, En Banc.

November 14, 1960.


Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, Ira C. Rothgerber, Jr., William P. Johnson, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John W. Patterson, Asst. Atty. Gen., Robert G. Pierce, Asst. Atty. Gen., for defendant in error.

Tull, Hays & Thompson, Denver, amici curiae.


MOORE, Justice.

Plaintiff in error, Memorial Trusts, Inc., to whom we will refer as Memorial, commenced this declaratory judgment action against defendant in error, hereinafter referred to as the commissioner. The complaint sought a decree invalidating, upon constitutional grounds, C.R.S.1953, 72-17-1 et seq., and an adjudication that a rule adopted by the commissioner purporting to regulate the business of Memorial is of no legal force or effect.

The commissioner...

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