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BACH v. SCHOOLEY

No. 20851.

392 P.2d 649 (1964)

Ted BACH, Commissioner, Arthur S. Bowman, Commissioner, and Benjamin Sweet, Commissioner, constituting and comprising the Civil Service Commission of the City and County of Denver, and Clyde E. Hendricks, Plaintiffs in Error, v. John M. SCHOOLEY, as Manager of Safety and Excise of the City and County of Denver, a municipal corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied June 22, 1964.

Attorney(s) appearing for the Case

James W. Heyer, Denver, for plaintiffs in error.

Max P. Zall, City Atty., Lloyd K. Shinsato, Asst. City Atty., Denver, for defendant in error.

DAY, Justice.

This writ of error pending before this court has as the named defendant in error one "John M. Schooley, as Manager of Safety and Excise of the City and County of Denver, a municipal corporation". As of this date, however, the said John M. Schooley is the former Manager of Safety. He resigned his office on June 30, 1963. No motion to substitute his successor in office as the defendant in error has been filed herein within six months from the date of Schooley...

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