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ATCHISON v. CITY OF ENGLEWOOD

No. 23352.

463 P.2d 297 (1969)

Alfred P. ATCHISON and Ida Mae Atchison, Plaintiffs in Error, v. The CITY OF ENGLEWOOD, a municipal corporation; and Martin-Marietta Corporation, a Maryland corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 26, 1970.

Attorney(s) appearing for the Case

Ralph A. Cole, William O. Perry, Denver, for plaintiffs in error.

Myrick, Criswell & Branney, John A. Criswell, Shivers & Banta, Englewood, for defendant in error, the City of Englewood.

Dawson, Nagel, Sherman & Howard, Michael Reidy, Raymond J. Turner, Charles R. Frederickson, Denver, for defendant in error Martin-Marietta Corp.

GROVES, Justice.

The plaintiffs in error, referred to as plaintiffs or by name, brought an action against the City of Englewood and Martin-Marietta Corporation as defendants for a determination with respect to plaintiffs' pre-emptive right to repurchase certain lands. The district court granted defendants' motions for summary judgment on the ground that the documentary provisions granting the rights to the plaintiffs were void as violative of the rule against perpetuities...

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