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PASSMORE v. BIRKINS

Civ. A. C-638.

311 F.Supp. 588 (1969)

Hubert L. PASSMORE, individually and on behalf and by his minor children, Alinda K. Passmore, Kathleen L. Passmore, James H. Passmore, John K. Passmore, Patty A. Passmore, Michael A. Passmore and Susan M. Passmore, Plaintiffs, v. Charline J. BIRKINS, individually and as Director of the Colorado State Department of Public Welfare, James L. Treece, Frank D. Allen, Roy A. Davis, Damian P. Ducy, Lorna Hart, Glenn Sheriff, Henry J. Tupper, Peter Samac and Dr. James A. Henderson, individually and as constituting the Colorado State Board of Public Welfare, Alfred E. Gillen, individually and as Director of the Arapahoe County Department of Public Welfare, Defendants.

United States District Court, D. Colorado.

December 16, 1969.

Attorney(s) appearing for the Case

Elmer Lee Hamby, American Civil Liberties Union, Denver, Colo., for plaintiffs.

Douglas D. Doane, Special Asst. Atty. Gen., Denver, Colo., for defendants Charline J. Birkins and individuals constituting the Colorado State Board of Public Welfare.

Richard D. Dittemore, Littleton, Colo., for defendant Alfred E. Gillen, individually and as Director of the Arapahoe County Dept. of Public Welfare.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

This declaratory judgment action was instituted by plaintiffs asking that this Court determine the constitutionality of two Colorado statutes. All factual issues have been stipulated by the parties. Jurisdiction is based on the existence of a federal question and is not contested.

The sole question remaining in this case is the constitutionality of Colorado statutes which require residency of one year...

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