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DENVER POLICEMEN'S PROTECTIVE ASS'N v. LICHTENSTEIN

No. 80-1313.

660 F.2d 432 (1981)

DENVER POLICEMEN'S PROTECTIVE ASSOCIATION, Larry Kier, Paul Lopez, Jesse Brezzel, Harry Mills, Paul Selander and Daniel Hendricks, Plaintiffs-Appellants, v. Alvin LICHTENSTEIN, a judge of the Second Judicial District Court; The District Court for the Second Judicial District, City and County of Denver, State of Colorado; and Michael Lee Cole, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 18, 1981.

Attorney(s) appearing for the Case

Jon L. Holm of Holm & Dill, Denver, Colo., for plaintiffs-appellants.

J. Stephen Phillips, First Asst. Atty. Gen., the State of Colo., Denver, Colo., (J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., and Mary J. Mullarkey, Sol. Gen., the State of Colo., Denver, Colo., with him on the brief), for defendants-appellees.

Before SETH, Chief Judge, BARRETT and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

This appeal is from the district court's dismissal of appellants' complaint for failure to state a claim upon which relief can be granted. The appellants are the Denver Policemen's Protective Association and individual officers of the Denver police force, hereinafter collectively referred to as the Association.

The alleged cause of action arose from an order compelling discovery of police investigative files issued by Judge Lichtenstein...

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