ASPHALT PAVING CO. v. BOARD OF COUNTY COM'RS

No. 22244.

425 P.2d 289 (1967)

ASPHALT PAVING CO., a corporation, Jefferson Transit Mix, Inc., Table Mountain, Inc., Mobile Concrete, Inc., and Westway Motor Freight, Inc., Plaintiffs in Error, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF JEFFERSON and Duke W. Dunbar, as Attorney General of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

March 27, 1967.


Attorney(s) appearing for the Case

F. Richard Hite, Denver, for plaintiffs in error.

Conrad Gardner, Robert K. Willison, Golden, Ronald Lee Cooke, Denver, for defendant in error, Board of County Commissioners of Jefferson County.

J. Fred Schneider, Denver, for Colorado State Association of County Commissioners, amicus curiae.

Duke W. Dunbar, Atty. Gen., George L. Zoellner, Chief Highway Counsel, Asst. Atty. Gen., Richard W. Phillips, Asst. Atty. Gen., for defendant in error, Duke W. Dunbar.


SUTTON, Justice.

This writ of error is directed to a declaratory judgment action originally brought in the trial court. The case was tried to the court on an agreed statement of facts after which written findings of fact and conclusions of law were made. A judgment was then entered in favor of the defendants in error who were defendants in the trial court. We shall refer to the parties by name or as they appeared in the trial court.

The judgment upheld the...

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