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BONACCI v. CITY OF AURORA

No. 79SC350.

642 P.2d 4 (1982)

Joseph BONACCI, Jr., Petitioner, v. CITY OF AURORA and Fire Department Pension Board, Respondents.

Supreme Court of Colorado, En Banc.

March 1, 1982.

Attorney(s) appearing for the Case

Dickson & Dickson, Charles B. Dickson, William E. Schade, Greeley, for petitioner.

Patrick E. Kowaleski, Louise L. Edmonds, Aurora, for respondents.

ERICKSON, Justice.

We granted certiorari to review Bonacci v. Aurora, 43 Colo.App. 249, 606 P.2d 1308 (1979), which held that a failure to seek judicial review under C.R.C.P. 106(a)(4) within thirty days after the denial of the petitioner's claim for retirement pension benefits precluded a subsequent declaratory judgment action. We reverse and return the case to the court of appeals with directions to remand to the district...

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