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WHEELER v. DISTRICT COURT IN & FOR CITY & CO. OF DENVER

No. 26459.

526 P.2d 658 (1974)

Charles Wilson WHEELER, Petitioner, v. DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER and the State of Colorado, and the Honorable Gilbert A. Alexander, Judge of said Court, Respondents.

Supreme Court of Colorado, En Banc.

September 23, 1974.

Attorney(s) appearing for the Case

Myrick & Newton, P. C., Barrie G. Sullivan, II, William E. Myrick, Denver, for petitioner.

James W. Creamer, Jr. & Associates, P. C., James W. Creamer, Jr., Mark A. Lambertson, Denver, for respondents.

DAY, Justice.

This is an original proceeding brought under C.A.R. 21. Petitioner Wheeler seeks a writ of mandamus to require the respondent court to conduct a hearing concerning custody of two children domiciled with him in Colorado. Proceedings in the lower court were held under Colo.Sess. Laws 1973, ch. 163, 46-6-1 et seq., at 556, the Uniform Child Custody Jurisdiction Act (hereinafter "the Act"). The court, instead of conducting a hearing, made summary disposition...

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