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CITY AND COUNTY OF DENVER v. DUFFY STORAGE & M. CO.

Nos. 23940, 23941.

450 P.2d 339 (1969)

The CITY AND COUNTY OF DENVER, a municipal corporation; the Board of Councilmen of the City and County of Denver, sometimes also known and referred to as the City Council of the City and County of Denver, and Robert B. Keating, John F. Kelly, Irving S. Hook, Paul A. Hentzell, Kenneth A. Macintosh, Carl N. DeTemple, Edward F. Burke, Jr., Elvin R. Caldwell, Ernest P. Marranzino, as the Members of and Being and Constituting the Board of Councilmen of the City and County of Denver, sometimes also known and referred to as the City Council of the City and County of Denver, and Charles L. Temple, as Manager of Revenue of the City and County of Denver, Plaintiffs in Error, v. DUFFY STORAGE AND MOVING CO.; James A. Duffy; George V. Simone; Denver Auto Trimming Supply Co.; Houston Gibson; Winslow Crane Service Co.; Thomas & Son Transfer Line, Inc.; and Ridge Erection Co., Defendants in Error. DUFFY STORAGE AND MOVING CO.; James A. Duffy; George V. Simone; Denver Auto Trimming Supply Co.; Houston Gibson; Winslow Crane Service Co.; Thomas & Son Transfer Line, Inc.; and Ridge Erection Co., Plaintiffs in Error, v. The CITY AND COUNTY OF DENVER, a municipal corporation; the Board of Councilmen of the City and County of Denver, sometimes also known and referred to as the City Council of the City and County of Denver, and Robert B. Keating, John F. Kelly, Irving S. Hook, Paul A. Hentzell, Kenneth A. Macintosh, Carl N. DeTemple, Edward F. Burke, Jr., Elvin R. Caldwell, Ernest P. Marranzino, as the Members of and Being and Constituting the Board of Councilmen of the City and County of Denver, sometimes also known and referred to as the City Council of the City and County of Denver, and Charles L. Temple, as Manager of Revenue of the City and County of Denver, Defendants in Error.

Supreme Court of Colorado, En Banc.

Concurring in Part February 14, 1969.

Rehearing Denied February 17, 1969.

Attorney(s) appearing for the Case

Max P. Zall, City Atty., W. Keith Peterson, Earl T. Thrasher, Asst. City Attys., Denver, for City and County of Denver et al.

Creamer & Creamer, George Creamer, Denver, for Duffy Storage and Moving Co. et al.

Kenneth G. Bueche, Denver, General Counsel for Colorado Municipal League, Gordon D. Hinds, City Atty. City of Pueblo, Pueblo, Herman H. Feldman, Denver, for Airline Pilots, amici curiae.

DAY, Justice.

Two writs of error are involved herein. They are directed to two determinations entered by the trial court in a declaratory judgment suit filed in Denver district court by several corporate and individual plaintiffs for themselves and as representatives in a class action. The City and County of Denver and the individual city officeholders named as defendants and appearing herein both as plaintiffs and defendants in error will be referred to collectively...

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