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DEPARTMENT OF INSTITUTIONS v. BUSHNELL

No. 27891.

579 P.2d 1168 (1978)

DEPARTMENT OF INSTITUTIONS of the State of Colorado ex rel. S. L. G., Plaintiff-Appellant, v. Dr. Donald D. BUSHNELL, Dr. Marvin L. Giersch, C. G. Brasher, Jr., Robert M. Ashburn, Larry M. Bruton, Dr. Sam E. Callaway, Gino Picolli, Individually and as school directors constituting the Board of Education of Durango School District No. 9-R, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 19, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Jeffrey G. Pearson, Asst. Atty. Gen., Denver, for plaintiff-appellant.

Hamilton, Sherman, Hamilton & Shand, P. C., E. B. Hamilton, Durango, for defendants-appellees.

GROVES, Justice.

The Department of Institutions (Department) brought this action to compel the defendant Board of Education of Durango School District No. 9-R (District) to issue a diploma to a minor who had been placed in the Department's custody. The district court entered a summary judgment in favor of the District. The district court, apparently on its own motion, determined that the statute in question, section 19-8-113(2), C.R.S.1973, was unconstitutional by...

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