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UNION PACIFIC R. CO. v. CITY & COUNTY OF DENVER

Nos. 25388, 25630.

511 P.2d 497 (1973)

UNION PACIFIC RAILROAD COMPANY, a Utah corporation, Plaintiff-Appellant, v. The CITY AND COUNTY OF DENVER, a municipal corporation, and Charles L. Temple, Manager of Revenue of the City and County of Denver, Defendants-Appellees. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, Plaintiff-Appellee, v. The CITY AND COUNTY OF DENVER, and Charles L. Temple, Manager of Revenue in and for the City and County of Denver, State of Colorado, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 9, 1973.

Rehearing Denied July 16, 1973.

Attorney(s) appearing for the Case

Daniel S. Morrison, New York City, Clayton D. Knowles, Denver, C. B. Schaefer, H. F. Coray, Omaha, Neb., for plaintiffs-appellants.

John S. Walker, Jr., Denver, for plaintiff-appellee.

Max P. Zall, City Atty., W. Keith Peterson, Gerald Himelgrin, Asst. City Attys., Denver, for defendants-appellees.

Rehearing Denied July 9, 1973 in No. 25630.

Rehearing Denied July 16, 1973 in No. 25388.

GROVES, Justice.

These two cases raise the same legal questions and so have been consolidated for review. The plaintiffs in each case (Union Pacific Railroad Company and Denver and Rio Grande Western Railroad Company) will be referred to by name or as the "railroad companies." The defendant in each case (City and County...

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