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PEOPLE v. COLORADO HIGH SCHOOL ACTIVITIES ASS'N

No. 18519.

349 P.2d 381 (1960)

PEOPLE of the State of Colorado Upon the Relation of George O. CORY, Royal C. Pixler, Joe Bruck, Walter Lacher, Frederick W. Paddock, Guy L. Mock, J. S. Hoffman and George H. Lindfelt, Plaintiffs in Error, v. COLORADO HIGH SCHOOL ACTIVITIES ASSOCIATION, An Unincorporated Association, and the Montrose County High School District, a corporation, Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified and Adhered to on Denial of Rehearing February 23, 1960.

Attorney(s) appearing for the Case

Hughes, Knous & Shook, Montrose, for plaintiffs in error.

Emory L. O'Connell, Denver, for defendant in error Colorado High School Activities Ass'n.

Bryant, Petrie, Waldeck & King, Montrose, for defendant in error Montrose County High School Dist.

SUTTON, Justice.

Plaintiffs in error, relators below, are a group of citizens, residents, taxpayers, and voters of Montrose County, Colorado. Upon refusal of the district attorney of Montrose County to prosecute this action, they filed their complaint as a class action on behalf of themselves and all others similarly situated, under the provisions of Rule 106(a) (3), R.C.P.Colo.1953. They sought judicial determination of the constitutionality, legal existence and...

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