SMITH v. MILLER

No. 20531.

384 P.2d 738 (1963)

Charles L. SMITH, Fred R. Monk and Hugh J. Ross, as the Board of County Commissioners of El Paso County, Colorado, and Colorado State Association of County Commissioners, Plaintiffs in Error, v. G. Russell MILLER, William M. Calvert and David W. Enoch, as the District Judges In and for the Fourth Judicial District of Colorado, et al., Defendants In Error.

Supreme Court of Colorado. En Banc.

Dissenting Opinion September 3, 1963.


Attorney(s) appearing for the Case

Tarter & Tarter, Strand & Geddes, Colorado Springs, J. F. Schneider, Denver, for plaintiffs in error.

Jim R. Carrigan, W. H. Erickson, Denver, for defendants in error.


MOORE, Justice.

Plaintiffs in error Smith, Monk, and Ross are county commissioners of El Paso county. The Colorado State Association of County Commissioners was granted leave to appear as an intervenor. The interests of the commissioners and the intervenor are the same, and plaintiffs in error accordingly will be referred to as the Board. Defendants in error were plaintiffs in the trial court. The three parties first named in the above caption are judges of the district...

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