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SOUTHWORTH v. DEPARTMENT OF HIGHWAYS

No. 23793.

489 P.2d 204 (1971)

Frank K. SOUTHWORTH, or his successor in office, as Treasurer of the City and County of Denver, Plaintiff in Error, v. DEPARTMENT OF HIGHWAYS, State of Colorado, Frank C. Klein, Defendants in Error.

Supreme Court of Colorado, En Banc.

October 4, 1971.

Attorney(s) appearing for the Case

Max P. Zall, Robert M. Kelly, Earl T. Thrasher, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., Joseph M. Montano, Leonard Ripps, Asst. Attys. Gen., Denver, for defendants in error.

KELLEY, Justice.

This lawsuit arises out of a condemnation proceeding commenced May 7, 1963, by the State Highway Department, a defendant in error, to acquire land owned by one Klein, also a defendant in error. The City and County of Denver and its Manager of Revenue are the plaintiffs in error and will be referred to as the "City."

Klein and the City were each served with a copy of the condemnation petition and summons. On May 21, 1963, the City filed an...

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