RUSSELL v. WHEELER

No. 22270.

439 P.2d 43 (1968)

William C. RUSSELL, Jr. and Eldon L. Cull, Plaintiffs in Error, v. Beverly WHEELER et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

On Clarification and Denial of Rehearing April 22, 1968.


Attorney(s) appearing for the Case

Albert B. Dawkins and Robert E. Holland, Denver, Richard D. Gilson, Golden, for plaintiffs in error.

Raymond J. Cody, Arvada, John W. Lentz, Englewood, for defendants in error.


HODGES, Justice.

In a school bond election contest action, the county court of Gilpin County entered a judgment of dismissal at the conclusion of the plaintiffs' evidence on the grounds that the plaintiffs (contestors) had failed to sustain their burden of proof by establishing a prima facie case. The contestors assigned several grounds, itemized hereinafter, upon which they claim the trial court erred in granting the defendants' (contestees) motion to dismiss the...

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