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D.C. BURNS REALTY AND TRUST COMPANY v. MACK

No. 22122.

450 P.2d 75 (1969)

The D. C. BURNS REALTY AND TRUST COMPANY, Plaintiff in Error, v. George J. MACK et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 24, 1969.

Attorney(s) appearing for the Case

Hiester, Tanner & Clanahan, Lyle E. Miller, Denver, for plaintiff in error.

John E. Bush, Denver, for defendants in error.

GROVES, Justice.

The defendants in error (plaintiffs) brought an action for declaratory judgment against the plaintiff in error (defendant) as to whether a lot in a subdivision could be used as a street. A portion of West Center Avenue is within the subdivision. Involved is Lot 19, more particularly described as Lot 19, Block 32, Green Mountain Village, Filing No. 4 in Jefferson County, Colorado.

The plaintiffs own...

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