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HOPER v. CITY AND COUNTY OF DENVER

No. 24986.

479 P.2d 967 (1971)

C. H. HOPER, John B. Smith and Philip Milstein, individually, for others similarly situated, Plaintiffs-Appellees, v. CITY AND COUNTY OF DENVER, a municipal corporation, James T. Bayer, F. James Voss and F. J. Serafini, constituting the Election Commission for the City and County of Denver, Donald E. Barker, Harold N. Grimes, John Lopez, Ruth Weiner and Wayne N. Knox, individually and for others similarly situated, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 8, 1971.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, for plaintiffs-appellees and cross-appellants.

Max P. Zall, City Atty., Thomas A. Gilliam, Brian H. Goral, Asst. City Attys., for defendants-appellants City and County of Denver and its Election Commissioners.

Dawson, Nagel, Sherman & Howard, Denver, for appellants Barker, and others.

Donald P. MacDonald, Richard J. Bernick, Charles B. Howe, Denver, for appellant Wayne N. Knox.

DAY, Justice.

Suit was commenced in this action on June 9, 1970. The case is in the nature of a class action, pursuant to C.R.C.P. 23, and questions the validity of a charter amendment submitted to the voters of the City and County of Denver at an election held on Tuesday, September 10, 1968.

The case was originally filed against the City and County of Denver and the individual members of its Election Commission. When defendants Donald E. Barker, Harold N...

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