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MARSHALL v. CITY OF GOLDEN

No. 19557.

363 P.2d 650 (1961)

Eileen MARSHALL, Paul F. Bartunek, Rachel C. Bartunek, Evelyn E. Vaughan Garramone, Sarah Belle Rutherford, Floyd M. Miller, Erma Miller, S. L. Eudaly, Frances D. Eudaly, Leona M. Smith, and Thomas F. Smith, Martha Eldridge and Sam Koenig, Plaintiffs in Error, v. CITY OF GOLDEN, a Municipal Corporation, et al., Defendants in Error.

Supreme Court of Colorado. En Banc.

Original Opinion Adhered August 21, 1961.

Dissenting Opinion September 1, 1961.

Attorney(s) appearing for the Case

Ben Klein, Creamer & Creamer, Denver, for plaintiffs in error.

Bradley, Carney & Johnson, Golden, for defendants in error.

Original Opinion Adhered to en Banc August 21, 1961.

MOORE, Justice.

Plaintiffs in error appeared as plaintiffs in the trial court and we will so refer to them. We will refer to defendants in error as the city or the city council.

Plaintiffs are taxpaying electors residing in Golden, Colorado, within the boundaries of a purported improvement district known as Golden Downtown General Improvement District, which allegedly was organized pursuant to the...

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