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APPLE v. CITY AND COUNTY OF DENVER

No. 20494.

390 P.2d 91 (1964)

Olga M. APPLE, Plaintiff in Error, v. The CITY AND COUNTY OF DENVER, a Municipal Corporation, Board of Health & Hospitals of the City and County of Denver, and Le Grand Byington, Manager of the Board of Health & Hospitals of the City and County of Denver, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied March 23, 1964.

Attorney(s) appearing for the Case

Lee, Bryans, Kelly & Stansfield, Fletcher Thomas, Denver, for plaintiffs in error.

Max P. Zall, City Atty., Brian H. Goral, Asst. City Atty., Denver, for defendants in error.

PRINGLE, Justice.

Plaintiff in error Apple, hereinafter referred to as plaintiff or by name, owns and resides in a building at 841 Galapago Street in Denver, Colorado. She bought the property in 1952. At that time it contained five apartments and she has, since her purchase, made no changes in it except for routine maintenance. At all times material to the issues here, a couple with two small children occupied a two bedroom apartment in the basement and the plaintiff...

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