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THEOBALD v. SUMMIT

No. 21963.

409 P.2d 274 (1965)

Robert A. THEOBALD, Petitioner, v. The DISTRICT COURT OF the COUNTY OF SUMMIT, State of Colorado, and Clifford H. Darrow, sitting as the judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 27, 1965.

Attorney(s) appearing for the Case

Winner, Berge, Martin & Camfield, Denver, for petitioner.

Richard S. Kitchen, Sr., Denver, Peter Cosgriff, Leadville, Harry M. Sterling, Denver, for respondents.

MOORE, Justice.

This is a companion case to Rowland v. Theobald, Colo., 409 P.2d 272, case number 21977, in which our opinion is announced simultaneously herewith.

The two appellate court proceedings involve the same election contest. In the instant action the judgment under scrutiny was entered in an action commenced in the district court, whereas in No. 21977 the contest began in...

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