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TYLER v. RUSSEL

No. 61-68.

410 F.2d 490 (1969)

Warren Frederick TYLER, Plaintiff-Appellant, v. Robert L. RUSSEL, District Attorney for the Fourth Judicial District of the State of Colorado; Hon. William M. Calvert, Presiding Judge of the Fourth Judicial District of the State of Colorado; Hon. G. Russell Miller, one of the Judges of said Court; and Hon. Robert Cole, Presiding Judge of the County Court within and for the County of El Paso, State of Colorado, Defendants-Appellees.

United States Court of Appeals Tenth Circuit.

May 2, 1969.

Attorney(s) appearing for the Case

R. George Silvola, Colorado Springs, Colo., for plaintiff-appellant.

Aurel M. Kelly, Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., was with her on the brief) for defendants-appellees.

Before BREITENSTEIN, SETH and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant brought suit to enjoin a pending criminal prosecution on the ground that certain Colorado procedural statutes violate his federal constitutional rights. The trial court denied a request for a three-judge district court and dismissed the action because of absence of jurisdiction.

On May 9, 1968, plaintiff was charged in the county court of El Paso County, Colorado, with the offense of taking indecent liberties...

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