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CRAWFORD v. McLAUGHLIN

No. 24424.

473 P.2d 725 (1970)

Dana CRAWFORD, Robert L. Stearns, Jean K. Bain, William B. Chenoweth and Mildred Taylor, Plaintiffs in Error, v. Ronald C. McLAUGHLIN, Aubrey Brelsford, Paul Cella, Arthur Cowperthwaite and Marjorie Hornbein, as individuals and collectively, as constituting the Board of Appeals as established by the Building Code of the City and County of Denver, Gerald H. Phipps, Inc., a Colorado corporation and B. F. Swan, Defendants in Error.

Supreme Court of Colorado, En Banc.

August 10, 1970.

Attorney(s) appearing for the Case

Holme, Roberts and Owen, A. Edgar Benton, Donald K. Bain, Denver, for plaintiffs in error.

George Louis Creamer, Anthony F. Zarlengo, Howard M. Kirshbaum, Denver, for defendants in error.

KELLEY, Justice.

I. THE CONTROVERSY.

This lawsuit arises out of a controversy between defendants in error, B. F. Swan, owner of real property which abuts Cheeseman Park on its west boundary, and Gerald H. Phipps, a general contractor who was retained by Swan to build an apartment house on the property, on the one hand, and the City and County of Denver and the Director of the Building Department on the other. Phipps...

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