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GINSBERG v. CITY AND COUNTY OF DENVER

Nos. 23337, 23334.

436 P.2d 685 (1968)

Charles GINSBERG, Individually and as a taxpaying elector in the City and County of Denver, State of Colorado, and Charles D. Byrne, as Auditor of The City and County of Denver, State of Colorado, Plaintiffs in Error, v. The CITY AND COUNTY OF DENVER, a Municipal corporation organized and existing under the Constitution and Laws of the State of Colorado et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

January 24, 1968.

Attorney(s) appearing for the Case

Charles Ginsberg, George Louis Creamer, Denver, for plaintiff in error Charles Ginsberg.

Robert S. Wham, Denver, for plaintiff in error Charles D. Byrne.

Max P. Zall, City Atty., Brian H. Goral, Winner, Berge, Martin & Camfield, Hughes & Dorsey, Raymond B. Danks, Richard S. Kitchen, Sr., Denver, for defendants in error.

MOORE, Chief Justice.

Plaintiff in error, hereinafter referred to as Ginsberg, brought an action against the City and County of Denver a home rule city, the members of its city council, Byrne, its city auditor, Empire Sports, a corporation, and Metro Stadium Inc., a nonprofit corporation and its officers and directors. These defendants will be referred to as the City, the council, Byrne, Empire, and Metro as the occasion may require.

In his complaint Ginsberg...

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