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WELCH v. CITY AND COUNTY OF DENVER

No. 19007.

349 P.2d 352 (1960)

Madaline M. WELCH, Plaintiff in Error, v. CITY AND COUNTY OF DENVER, a Municipal Corporation, organized under the laws of the State of Colorado, and Mark U. Watrous, as Chief Engineer of the Department of Highways, and State Highway Commission of the State of Colorado, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied February 29, 1960.

Attorney(s) appearing for the Case

I. H. Kaiser, Leslie A. Gross, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Holloway and Joseph M. Montano, Asst. Attys. Gen., for defendants in error Mark U. Watrous, Chief Engineer Dept. of Highways, and State Highway Commission, State of Colo.

Donald E. Kelley, Earl T. Thrasher, Hans W. Johnson, Denver, for City and County of Denver.

MOORE, Justice.

Plaintiff in error will be referred to as Welch. Defendants in error will be mentioned as defendants, except where the reference is to less than all of them, in which event they will be referred to as The City, Watrous, or The Commission, as the occasion may require.

Welch filed the action in the district court of the City and County of Denver for the purpose of securing a declaratory judgment determining the rights of the parties as affected...

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