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MILE HIGH ENTERPRISES, INC. v. DEE

No. C-961.

558 P.2d 568 (1977)

MILE HIGH ENTERPRISES, INC., a Colorado Corporation, Plaintiff-Appellant, v. John F. DEE, Jr., Auditor of the City and County of Denver, Defendant-Appellee, The City and County of Denver, a municipal corporation, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 31, 1977.

Attorney(s) appearing for the Case

Holme, Roberts & Owen, Donald K. Bain, Paul A. Jacobs, Jack L. Richtsmeier, Denver, for plaintiff-appellant.

Montgomery Little Young Campbell & McGrew, P. C., Richard O. Campbell, Denver, for defendant-appellee.

Max P. Zall, Brian H. Goral, Asst. City Atty., Stanley Ereckson, Jr., Denver, for defendant-appellant.

GROVES, Justice.

This action was brought by Mile High Enterprises, Inc. (referred to as "Mile High") against the City and County of Denver (called "City") and the Auditor of the City (referred to as the "Auditor"). Mile High sought a declaration as to the validity of a contract and to compel the Auditor to execute it. Mile High and the City have asserted the same positions, and the Auditor joined Mile High and the City in the request for a declaration of rights and...

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