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PEOPLE v. DISTRICT COURT OF FIFTH JUDICIAL DISTRICT

No. 20340.

388 P.2d 403 (1963)

The PEOPLE of the State of Colorado ex rel., the CITY AND COUNTY OF DENVER, a Municipal Corporation of the State of Colorado, Acting by and the through its BOARD OF WATER COMMISSIONERS, Petitioner, v. DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT of the State of Colorado, and the judge thereof, the Honorable William H. Luby, Respondent.

Supreme Court of Colorado, En Banc.

January 20, 1963.

Attorney(s) appearing for the Case

Glenn G. Saunders, Jack Ross, Denver, for petitioner City and County of Denver.

Frank Delaney, Glenwood Springs, for respondent.

HALL, Justice.

In 1956, Civil Action No. 1193 was commenced in the District Court of the Fifth Judicial District of the State of Colorado, setting in and for Eagle County in said district. The purpose of the action was to have a supplemental general adjudication of water rights in Water District No. 37. The City and County of Denver appeared therein and filed its Statement of Claim under the title "Roberts Tunnel Collection System." Denver sought a decree authorizing...

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