No. 18426.

351 P.2d 286 (1960)

E. D. AVERY, E. F. Munroe, and James Elliott, on behalf of themselves as Taxpayers of the City of Fort Collins, Colorado, and on behalf of all other taxpayers of the City of Fort Collins, Colorado, and Duke W. Dunbar, as Attorney General of Colorado, Plaintiffs in Error, v. CITY OF FORT COLLINS, a Municipal Corporation; Roselawn Memorial Park Association, a Colorado Corporation; and The Fort Collins Municipal Golf Association, a Colorado Corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 2, 1960.

Attorney(s) appearing for the Case

Lloyd E. Williams, Ronald H. Strahle, Fort Collins, Duke W. Dunbar, Atty. Gen., Patricia H. Maloy, Asst. Atty. Gen., for plaintiffs in error.

Hill & Coyte, Fort Collins, for defendant in error Roselawn Memorial Park Ass'n.

Allen, Stover & Mitchell, Fort Collins, for defendant in error Fort Collins Municipal Golf Ass'n.

March & Wells, Fort Collins, for defendant in error City of Fort Collins.

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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