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SCHLAGEL v. HOELSKEN

No. 21790.

425 P.2d 39 (1967)

Jake SCHLAGEL, d/b/a Aurora and East Denver Trash Disposal, individually and as a representative of a class of persons similarly situated et al., Plaintiffs in Error, v. Albert HOELSKEN and Leonard Amato, d/b/a Active Rubbish Service, the Public Utilities Commission of the State of Colorado, and Al Wimberly, d/b/a Al's Hauling Service, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 3, 1967.

Attorney(s) appearing for the Case

Jones, Meiklejohn, Kehl & Lyons, Robert P. Grueter, Denver, for plaintiffs in error.

Zarlengo, Zarlengo, Seavy & Mulligan, Denver, for defendants in error, Albert Hoelsken and Leonard Amato, d/b/a Active Rubbish Service.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert Lee Kessler, Asst. Atty. Gen., Denver, for defendant in error, Public Utilities Commission.

DAY, Justice.

This matter is here on writ of error to the Denver district court, wherein is sought the reversal of a judgment declaring and decreeing that the Public Utilities Commission of the State of Colorado is without authority to regulate those engaged in the business of hauling ashes, trash and other waste material within the State of Colorado. In addition to the declaratory judgment, the court entered an injunction preventing the Public Utilities Commission...

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