CITY OF TRINIDAD v. DISTRICT COURT IN AND FOR LAS ANIMAS COUNTY

No. 28162.

581 P.2d 304 (1978)

CITY OF TRINIDAD, Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF LAS ANIMAS, State of Colorado, and the Honorable Dean C. Mabry, one of the Judges thereof, and Frank Zehna, Clerk of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

July 17, 1978.


Attorney(s) appearing for the Case

The Law Firm of Leonard M. Chesler, Earl S. Wylder, Denver, for petitioner.

Clark, Martin & Pringle, Bruce D. Pringle, Denver, for respondents.


KELLEY, Justice.

This is an original proceeding in the nature of mandamus brought pursuant to C.A.R. 21. We issued a Rule to Show Cause which we now make absolute in part and discharge in part.

Joseph Montera and Nick DeBono filed suit against petitioner, the City of Trinidad, seeking, inter alia, compensatory and punitive damages. The City was served with a summons and complaint on March 31, 1978. On April 24, 1978, without filing an answer, the City...

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