THEOBALD v. BYRNS

No. 28085.

579 P.2d 609 (1978)

Robert A. THEOBALD, N. E. Buchholz, Nancy M. Fritts, Stella Lucille Roberts and Bernard F. Titony, Applicants, v. Lois M. BYRNS, Clerk of the Town of Blue River, Respondent, and L. Scott Gould and Anthony L. Weiss, Respondents-Intervenors.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 25, 1978.


Attorney(s) appearing for the Case

Alperstein, Plaut & Snead, Frank Plaut, Lakewood, for applicants.

David R. Lass, Breckenridge, for respondent.

Pendleton, Sabian & Landeck, P. C., Monica S. Glockman, Denver, for respondents-intervenors.


GROVES, Justice.

One of the applicants seeks to be on the ballot as a candidate for mayor of the Town of Blue River and the other four seek similar designation as candidates for trustees thereof. The town clerk refused so to certify them. In a proceeding under 31-10-1401, C.R.S.1973 (1977 Repl.Vol.), the district court affirmed the clerk's action. We accepted an appeal under the provisions of that section and, pursuant to a stipulation entered into by all of the parties...

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