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MESA COUNTY JUNIOR COLLEGE DISTRICT v. DONNER

No. 19996.

371 P.2d 442 (1962)

MESA COUNTY JUNIOR COLLEGE DISTRICT, Trinidad State Junior College, et al., Plaintiffs in Error, v. Robert DONNER, Sr., Herbert L. Rouse, Merrill E. Shoup, and The Board of County Commissioners of the County of El Paso, Defendants in Error.

Supreme Court of Colorado. En Banc.

May 14, 1962.

Attorney(s) appearing for the Case

Perry E. Williams, Phelps, Fonda & Hays, Pueblo, for plaintiffs in error.

Donald E. LaMora, Colorado Springs, for defendants in error Robert Donner, Sr., Herbert L. Rouse and Merrill E. Shoup.

Tarter & Tarter, Colorado Springs, for defendant in error Board of County Com'rs of El Paso County.

PRINGLE, Justice.

Defendants in error, Donner, Rouse and Shoup brought an action in the District Court of El Paso County against the defendant in error Board of County Commissioners of El Paso County under Rule 57, R.C.P.Colo. The suit sought to have House Bill No. 360, 1961 Colo.Session Laws p. 688 declared unconstitutional.

In effect, the act in question provides that when a resident of a county not within a Junior...

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