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ROOSEVELT v. BEAU MONDE CO.

No. 20739.

384 P.2d 96 (1963)

Peter K. ROOSEVELT et al., Plaintiffs in Error, v. BEAU MONDE CO., a Colorado corporation, Beryl A. Wallace, Building Inspector of the City of Englewood, Colorado, and City of Englewood, a municipal corporation and C. A. Sigafoos, Sam Hill, Ronald Wilson and Kenneth Bull, Defendants in Error.

Supreme Court of Colorado. En Banc.

July 22, 1963.

Attorney(s) appearing for the Case

Fred Winner, George Louis Creamer, Harold Feder, Denver, for plaintiffs in error.

Dawson, Nagel, Sherman & Howard, Raymond J. Turner, James E. Hautzinger, Denver, for Beau Monde Co.

Joseph W. Esch, Myrick, Smith, Criswell & Branney, Englewood, for Wallace and City of Englewood.

J. F. Little, David C. Little, Denver, for Sigafoos, Hill, Wilson and Bull.

HALL, Justice.

On January 25, 1963, Beau Monde Co., a Colorado corporation, to whom we refer as Beau Monde, filed its complaint under Rule 106, R.C.P.Colo., in the District Court of Arapahoe County, Colorado. Named as defendants in the complaint are the City of Englewood and Beryl A. Wallace, its building inspector. We refer to the defendants as such or as Englewood and Wallace.

On February 15, 1963, Beau Monde filed its FIRST AMENDED COMPLAINT in which "Article...

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