KNAUSS, Justice.
The parties are here in the same order they appeared in the trial court, and we will refer to them as they there appeared.
On September 14, 1953 plaintiffs filed a class action for declaratory judgment in the district court of Larimer County which was subsequently dismissed upon motion by defendants. The judgment entered thereon was thereafter affirmed by this court without written opinion. Avery v. City of Fort Collins, 1955,
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