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AIR POLLUTION CONTROL COMMISSION v. DISTRICT COURT, ETC.

No. 27544.

563 P.2d 351 (1977)

AIR POLLUTION CONTROL COMMISSION of the State of Colorado et al., Petitioners, v. The DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, the Honorable Edward J. Byrne, Judge, Respondent.

Supreme Court of Colorado, En Banc.

May 2, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Edward G. Donovan, Sol. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Gregory J. Hobbs, Jr., Hubert A. Farbes, Jr., Asst. Attys. Gen., Denver, for the Air Pollution Control Commission and Air Pollution Control Division of the State of Colorado.

David C. Mastbaum, Denver, for Environmental Defense Fund, Inc.

White & Burke, P. C., Henry W. Ipsen, Denver, for Information Pleas, Inc.

Dawson, Nagel, Sherman & Howard, Michael A. Williams, Charles W. Newcom, Denver, for AMAX Coal Company, in support of the District Court of the City and County of Denver and Honorable Edward J. Byrne, Judge.

Kelly, Stansfield & O'Donnell, Bryant O'Donnell, Timothy J. Flanagan, Denver, for Public Service Co. of Colorado, in support of the District Court of the City and County of Denver and Honorable Edward J. Byrne, Judge.

ERICKSON, Justice.

The petitioners sought relief in the nature of prohibition pursuant to C.A.R. 21. An order by the District Court of the City and County of Denver, in effect, compelled the Air Pollution Control Commission of the State of Colorado and a number of other parties to defend simultaneously identical civil actions in the District Court for the County of Morgan and in the District Court for the City and County of Denver. The

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