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SMITH v. DISTRICT COURT

No. 90SA49.

797 P.2d 1244 (1990)

Kathryn SMITH, Katherine Buggert, Lawrence Berg, and Nellie Berg, Petitioners, v. The DISTRICT COURT, SECOND JUDICIAL DISTRICT; City and County of Denver and State of Colorado; Hon. James C. Flanigan, Senior Judge; Hon. Leslie M. Lawson, Former Judge; and Calvary Temple, Inc., a Colorado corporation, Charles E. Blair, Joan Bjork, J. Allan Petersen, and John Humphreys, individually and as trustees, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 18, 1990.

Attorney(s) appearing for the Case

Daniel F. Lynch, Denver, for petitioners.

Hall & Evans, Raymond J. Connell, Steve Shappell, Denver, for respondents Calvary Temple, Inc., Charles E. Blair, Joan Bjork, J. Allan Petersen, and John Humphreys.

Justice VOLLACK delivered the Opinion of the Court.

Petitioners initiated this original proceeding pursuant to C.A.R. 21 to seek reversal of two district court orders, which denied petitioners' request to certify a class pursuant to C.R.C.P. 23 and denied their motion to compel production of a list of individuals who donated money to a Calvary Temple, Inc., (Calvary Temple) fund. We issued a rule to show cause, and make the rule absolute.

I.

Prior...

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