PASSE v. MITCHELL

No. 21364.

423 P.2d 17 (1967)

Albert B. PASSE, Plaintiff in Error, v. George MITCHELL, the Board of County Commissioners of Jefferson County, and the Jefferson County Health Department, Defendants in Error.

Supreme Court of Colorado, In Department.

January 30, 1967.


Attorney(s) appearing for the Case

David B. Richeson, John H. Williamson, Denver, for plaintiff in error.

Robinson & Curran, Lakewood, Conrad E. Gardner, Lyle E. Miller, Robert K. Willison, Golden, for defendants in error.


MOORE, Chief Justice.

Albert B. Passe filed a complaint against the defendants in error above named in which he sought an injunction against defendant Mitchell, as well as damages in the amount of $25,000, and relief against the other defendants in the nature of mandamus to compel performance by them of alleged official duties. By stipulation the claim for damages was withdrawn.

A motion to dismiss for failure to state a claim was filed by the defendants,...

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