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HARTMAN v. CITY AND COUNTY OF DENVER

No. 23045.

440 P.2d 778 (1968)

Cecil A. HARTMAN, Robert B. Hickman, Gerald H. Kopel, Fred N. Thomas, Robert Ashby, and Eileen Schafer, Plaintiffs In Error, v. The CITY AND COUNTY OF DENVER, a municipal corporation, Organized and Existing under the Laws of the State of Colorado et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

May 13, 1968.

Attorney(s) appearing for the Case

George Louis Creamer, Denver, for plaintiffs in error.

Max P. Zall, Brian H. Goral, Thomas A. Gilliam, Denver, for defendants in error in their official capacities: City and County of Denver Election Commission F. J. Serafini, Doris Banks, John Rigg, City Council a/k/a Board of Councilmen, Robert Keating, Irving Hook, Paul Hentzell, Kenneth MacIntosh, Carl DeTemple, Elvin Caldwell, F. J. Serafini, as Clerk and Recorder, John F. Kelly, Edward S. Burke and Ernest Marranzino.

Henry & Keating, Denver, for defendants in error Robert Keating, Irving Hook, Paul Hentzell, Kenneth MacIntosh, Carl DeTemple, and Elvin Caldwell, in their individual capacities.

DAY, Justice.

This action for a declaratory judgment was commenced in the Denver district court three days after the May 16, 1967 Denver municipal election was held. Plaintiffs in error, whom we will designate as plaintiffs, are qualified electors of Denver, residing in either councilmanic districts 5 or 9. They requested the district court to declare City and County of Denver, Colo., Ordinance 127, Series 1967, null and void. This ordinance was enacted on April 17...

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