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COLORADO ANTI-DISCRIMINATION COMMISSION v. CASE

No. 19988.

380 P.2d 34 (1962)

The COLORADO ANTI-DISCRIMINATION COMMISSION and Gene Manzanares, Mrs. Arthur Ballentine, Jr., Robert C. Keeler, Edward Miller, Franklin R. Stewart, George J. White, and Mrs. Tor Hyblom, as members of the Colorado Anti-Discrimination Commission, and James R. Rhone and Elizabeth O. Rhone, Plaintiffs in Error, v. J. L. CASE, doing business as J. L. Case and Company, Realtors, and Reuben M. Stovern, Defendants, The Colorado Springs Board of Realtors, Inc., a Colorado Corporation, Intervenor, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 8, 1963.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Clifton A. Flowers, Wendell P. Sayers, Asst. Attys. Gen., Denver, for plaintiffs in error.

James E. Tarter, Weldon M. Tarter, Colorado Springs, for defendants in error.

Robert W. Johnson, Colorado Springs, for intervenor.

Edward H. Sherman, Edwin M. Sears, John E. Gorsuch, John L. Ferguson, Dwight D. Murphey, Donaldson, Hoffman & Goldstein, Charles Rosenbaum, Mandel Berenbaum, Louis G. Isaacson, Joseph Mosko, James Radetsky, Stanton Rosenbaum, Walter M. Simon, Denver, Clinton M. Cole, Colorado Springs, Alfred Avins, Arnold Forster, Paul Hartman, Sol Rabkin, Edwin J. Lukas, Theodore Leskes, New York City, amici curiae,

MOORE, Justice.

The issues to be determined by this court are raised by the original parties to the proceedings before the Colorado Anti-Discrimination Commission. James R. and Elizabeth O. Rhone, to whom we will refer as the Rhones or complainants, filed a complaint before said commission against J. L. Case and Company in which it was alleged, inter alia:

"1. That Respondent has violated the Colorado Fair Housing Act of 1959 by refusing to sell certain real...

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