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CITY & COUNTY OF DENVER v. GLENDALE WATER & SAN. DIST.

No. 19679.

380 P.2d 553 (1963)

CITY AND COUNTY OF DENVER, a municipal corporation, Plaintiff, in Error, v. GLENDALE WATER AND SANITATION DISTRICT, a municipal corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 22, 1963.

Attorney(s) appearing for the Case

Donald E. Kelley, Earl T. Thrasher, Denver, for plaintiff in error.

Cranston & Arthur, Denver, Shivers, Banta & McMartin, Englewood, for defendant in error.

FRANTZ, Chief Justice.

Whatever may form the foundation of its claim for relief, in final analysis this is a suit brought by Denver against Glendale Water and Sanitation District (designated herein as the "Sanitation District"), seeking to enjoin the latter from continuing with the construction of a sewage disposal plant, on the ground that, when it becomes operational, it will deposit sewage, filth, waste and unwholesome...

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