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RICE v. CITY OF ENGLEWOOD

No. 19440.

362 P.2d 557 (1961)

Frederic J. RICE, Robert A. Morrow, Carl Vaughn, and All Others Similarly Situated, Plaintiffs in Error, v. CITY OF ENGLEWOOD, Defendant in Error.

Supreme Court of Colorado. En Banc.

June 5, 1961.

Attorney(s) appearing for the Case

Sheldon S. Emeson, George O. Bakke, Denver, for plaintiff in error.

Harry E. Carleno, Joseph W. Esch, Englewood, for defendant in error.

DOYLE, Justice.

Plaintiffs in error will be referred to as plaintiffs, the position they occupied in the trial court where they instituted statutory action to test the validity of an annexation. A petition had been filed pursuant to C.R.S. `53, 139-11-2 and 3, by defendant seeking to annex a tract of 134 acres to the city of Englewood. The petition disclosed signatures of owners of 89 acres of land excluding the streets and alleys together with signatures of five...

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