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RUBEROID CO. v. NORTH PECOS WATER & SANITATION DIST.

No. 21309.

408 P.2d 436 (1965)

The RUBEROID CO., a corporation, Koppers Company, Inc., a corporation, Lloyd S. Brannan and Wilbur W. Sellers, Trustees of Brannan Sand & Gravel Company Employees Profit-Sharing Trust, Broderick Wood Products Company, a corporation, Western Paving Construction Co., a corporation, Pearl E. Deter, and Paul Buehner together with Buehner Concrete Products Company, a limited partnership, Plaintiffs in Error, v. NORTH PECOS WATER AND SANITATION DISTRICT, a quasi-municipal corporation, L. D. Burnside as County Assessor of Adams County, Colorado, Ben Tyler as County Treasurer of Adams County, Colorado, and Board of County Commissioners of Adams County, Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

December 6, 1965.

Attorney(s) appearing for the Case

Holland & Hart, Field C. Benton, Phelps, Hall & Smedley, Denver, for plaintiffs in error.

Charles E. Freeland, Tallmadge & Tallmadge, James C. Wilson, Jr., William O. Lamm, Denver, for defendants in error.

DAY, Justice.

This matter is before the court on rehearing, and the former opinion herein announced September 13, 1965, is withdrawn.

We will refer to the plaintiffs in error as plaintiffs and to the defendants in error as the defendants. This is how they appeared in the trial court where seven plaintiff-land owners unsuccessfully petitioned the District Court to obtain an order excluding them from the North Pecos Water and Sanitation District.

Plaintiffs...

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