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WILTGEN v. BERG

No. 21661.

435 P.2d 378 (1967)

Thomas C. WILTGEN, Gordon K. Smith, Curtis D. Hanks, Sella McRyhew, and Carol MacLean as Commissioners in the City of North Thornton, Colorado, Incorporation Proceedings and in Their Individual Capacity as Residents, Property Owners and Taxpayers, Plaintiffs in Error, v. D. A. BERG, John S. Howard, Jr., Joy Vifian, Erma Jackson, Betty Gibson, Roy Carlson, Walter J. Klus, Alvin Thomas, and Anthony J. Mullen, as Commissioners in the City of North Glenn, Colorado, Incorporation Proceedings, and the County Court in and for Adams County, Colorado, and Honorable Oyer G. Leary, Judge Thereof, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 15, 1968.

Attorney(s) appearing for the Case

Fugate & Mitchem, Donaldson, Hoffman & Goldstein, Denver, for plaintiffs in error.

Stanley B. Bender, S. Morris Lubow, Denver, for defendants in error.

PRINGLE, Justice.

This writ of error is directed to an order of the District Court of Adams County granting relief in the nature of prohibition under R.C.P.Colo. 106(a) (4), against the commissioners in the City of North Glenn incorporation proceeding (hereinafter referred to as North Glenn), the County Court of Adams County and County Judge Oyer G. Leary, upon a Complaint brought by the commissioners in the City of North Thornton incorporation proceeding (hereinafter...

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