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GORRELL v. CITY OF CASPER

Nos. 3063, 3064.

371 P.2d 835 (1962)

J. E. GORRELL, D. Ross Murphy, Louise Rogers, Edwin A. Krueger, Henry Fritchell, Fred S. Butler, and Ross Swigart, Appellants (Plaintiffs below), v. The CITY OF CASPER, Wyoming, a municipal corporation, William R. Earnshaw, Mayor, Rudy Kohuth, Robert G. Wildman, M. M. Orton, Patrick H. Meenan, Tim Force, Cecil Shaw and Robert Hildebrand, members of the City Council of said City, and Henry Rolfes, City Manager of said City, Appellees (Defendants below). The CITY OF CASPER, Wyoming, a municipal corporation, William R. Earnshaw, Mayor, Rudy Kohuth, Robert G. Wildman, M. M. Orton, Patrick H. Meenan, Tim Force, Cecil Shaw and Robert Hildebrand, members of the City Council of said City, and Henry Rolfes, City Manager of said City, Appellants (Defendants below), v. J. E. GORRELL, D. Ross Murphy, Louise Rogers, Edwin A. Krueger, Henry Fritchell, Fred S. Butler, and Ross Swigart, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

June 1, 1962.

Attorney(s) appearing for the Case

No. 3063:

Thomas A. Nicholas and Robert R. Rose, Jr., Casper, for appellants.

J.F. Mahoney (of Mahoney & Murphy), Casper, and Thomas B. Faxon (of Dawson, Nagel, Sherman & Howard), Denver, Colo., for appellees.

No. 3064:

J.F. Mahoney (of Mahoney & Murphy), Casper, and Thomas B. Faxon (of Dawson, Nagel, Sherman & Howard), Denver, Colo., for appellants.

Thomas A. Nicholas and Robert R. Rose, Jr., Casper, for appellees.

Before PARKER, HARNSBERGER and McINTYRE, JJ.

Mr. Justice PARKER delivered the opinion of the court.

This is an action by certain taxpayers on behalf of themselves and others similarly situated against the City of Casper, its mayor, councilmen, and manager, challenging the validity of a local improvement district purportedly created under the provisions of §§ 15-444 to 15-513, inclusive, W.S. 1957, relating to local improvements in cities and towns. Although the petition alluded to various remedies...

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